Hello,
my name is Anthony D'Amato.
Thank you for dropping by.
My reason
for setting up this web is to make accessible for downloading books and articles that I've written over the years. All writings are listed in my Curriculum Vitae. Many of my articles are available on the SSRN Legal Scholarship Network. My favorite web sites are here.
Drawings
by Brian D'Amato
ANTHONY D'AMATO is the Leighton Professor of Law at Northwestern
University School of Law, where he teaches courses in international law,
international human rights, analytic jurisprudence, and justice. He received
his law degree from Harvard Law School and a Ph.D. from Columbia University.
He is admitted to practice before the U.S. Supreme Court, the U.S.
Tax Court, and several U.S. Circuit Courts of Appeal, and is a member
of the New York Bar. Professor D'Amato was the first American lawyer to
argue (and win) a case before the European Court of Human Rights in Strasbourg,
and he has litigated a number of human rights cases around the world.
He is the author of over 20 books and over 110 articles. Biographies
of Professor D'Amato can be found in Who's Who in America, Who's Who in
American Education, and Who's Who in American Law as well as Who's Who in International Law. (From
the Northwestern Law School website)
ARTICLES ABOUT
ANTHONY D'AMATO
Jacobson, Arthur J., Taking
Responsibility: Law's Relation to Justice and D'Amato's Deconstructive
Practice, 90 Northwestern University LRev 1755 (1996)
Onuf, Nicholas, Book
Review: International Law and Political Reality: Collected Papers, Volume
One. Jl International Legal Studies (Summer 1995)
Pannier, Russell, D'Amato,
Kripke, And Legal Indeterminacy, 27 Wm. Mitchell L. Rev.
881 (2000)
Rosen, Andrew A., D'Amato's
Equilibrium: Game Theory and a Re-Evaluation of the Duty to Prosecute
under International Law, 37 NYU Journal of International Law
and Politics 79 (Fall 2004)
Defending the Indefensible, by Tina Rosenberg, NYT Magazine, April 19, 1998 [ICTY v. Dr. Milan Kovacevic]
Sacco, Joe, The
War Crimes Trials, Details, Sept. 1998, p.260. Excerpt below.
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RECENT PUBLICATIONS
Drone Strikes Threaten Habeas Corpus: A Proposed Solution, JURIST - Forum, Mar. 13, 2012
New Approaches to Customary International Law: Review Essay .pdf
Coerciveness of International Law, 2010 pdf Word
Legality of Gaza Blockade 6-2-10 http://www.youtube.com/watch?v=d5En3byJa9g
Legal Realism Explains Nothing,UWJurisRev (2009) Word
A Few Steps toward an Explanatory Theory of International Law (2010) Word
Softness in International Law (2009) SSRN Word
A Proposal for Breaking the Israel-Palestine Deadlock, Jurist 10/28/09 Word
Customary International Law video, 2009/Realplayer
Human Rights and Enforcement video, 2009/Realplayer
The Sources of International Law video, 2009/Realplayer
Hamas, the Gaza War, and Accountability Under International Law, Jurist, 6-15-09 Word
The Two Koreas : The Armistice and the Boundary, Jurist 6-1-09 Word
National Prosecution for International Crimes, in Bassiouni, International
Criminal Law, 3d ed.
Obama Has Duty to Go after War Criminals, Chicago Sun-Times 12/3/08 Word
The FBI's New Guidelines,
Jurist 10/7/08 Word
Are We Forgetting the Kurds? Jurist 8/4/08 Word
Hedge Funds Race to the Bottom: Letter, June, 2008
Waterboarding: The Key Question for Mukasey, Jurist 10/19/07 Word
Independence for Kosovo? Jurist, 6/16/07 Bepress link Word
International Law from a Machiavellian Perspective, in Clinton, The Realist Tradition (2007) Word
Kosovo: The UN Plans a Human Rights Disaster, Jurist 3/27/07 Word
True Confessions? The Amazing Tale of Khalid Shaikh Mohammed Jurist 3/16/07 Word
Preface, International Humanitarian Law: Prospects (2006) Word
Bolton in Sheep's Clothing,
Jurist 11/20/06 Word
Pyongyang and Proliferation: The UN North Korea Resolution, Jurist 10/17/06 Word
The UN Mideast Ceasefire Resolution Paragraph-by-Paragraph, Jurist 8/13/06 Word
Israel's new ground offensive and the UN peacekeeping plan, Jurist 8/9/06 Word
A proposed UN resolution on the Middle East, Jurist 8/7/06 Bepress Word
The Draft UN Middle East Ceasefire Resolution , Jurist 8/6/06 Word
Qana, War Crimes, and the Pending UN Resolution on Lebanon, Jurist 7/31/06 Word
War Crimes and the Mideast Conflict, Jurist, 7/24/06 Word
International Law Aspects of the Mideast 'War', Jurist 7/18/06 Word
International Law: A Handbook, Thomson West, 2006
Using Nuclear Weapons against Iran? Jurist Hotline, 2/4/06 Bepress
International
Law as an Autopoietic System, in Developments of
International Law in Treaty Making, Springer, 2005
Preface, International Humanitarian Law: Challenges (2004) ISBN 1571052658 Word
Collected
Papers:
Vol. 1 International Law and Political Reality
I. The Vietnam War
II. Other Wars and Interventions
III. Nuclear Weapons and Technology
IV. Minority Rights
Vol. 2 , International Law Studies
I. International Environmental Law
II. International Human Rights
III. International Criminal Law
IV. Foreign Relations and International Law
V. Political Science and International Law
Vol. 3, International Law Sources
I Sources
II. The Relation between Custom and Treaty
III. Non-Source Impacts upon International Law
IV. Applications
The West Bank
Wall: Part I: Jurisdiction; Part 2: Merits in Jurist, 2-24-04
& 3-2-04
Trying Saddam:
The Iraqi Special Tribunal for Crimes against Humanity, in Jurist,
Dec 15, 2003
Secrecy in Courts
6 The Long Term View (2003)
The
Road Map: Looking for Peace in the Middle East, in Jurist,
May 2, 2003
Legal
Boundaries of Israel in International Law in Jurist, April
8, 2002
Milosevic's
Witnesses, commentary in Jurist,
February 9, 2002
Observations on the
Forthcoming Milosevic
Trial, in Jurist, August 3, 2001 Chicago
Tribune Op-Ed on Assassinations.
October 28, 2001
Encyclopedia Articles
Anglo-Saxon
Law, Guide to American Law
Can People Be Forced to Sell Their
Land to the Federal or State Government? in George Gallup, America
Wants to Know 492 (1983)
Civil Rights Movement, Guide
to American Law
Disobbedienza Civile, Enciclopedia delle
Scienze Sociali
Domestic Jurisdiction, Encyclopedia
of Public International Law
Good Faith, Encyclopedia of
Public International Law
How Does the Supreme Court Decide
Which Cases to Hear? in George Gallup, America Wants to Know 488 (1983)
Indeterminacy, The Philosophy of Law:
An Encyclopedia
International Law, Oxford Companion to American Law
International
Law, Oxford Companion to American Law
Intertemporal Law, Encyclopedia
of Public International Law
Justice, The Philosophy of Law: An Encyclopedia
Llewellyn, Karl, Guide to
American Law
States' Rights Movement,
Guide to American Law
Tonkin Gulf Resolution, Guide
to American Law
Warren, Earl, Guide to American
Law
World Book: Commonwealth,
Enclave, Exile,
Fiat, Free
City, Mandated Territory,
Nation, Viceroy
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SSRN PUBLICATIONS
Power, Law, Actors, and the View from New Haven, 2010 SSRN Link
A New (and Better) Interpretation of Holmes's Prediction Theory of Law, 2008, SSRN Link Word
Contested Morality: Judge Posner on Infanticide, Slavery, Suttee, Female Genital Mutilation, and the Holocaust, 2008, SSRN Link Word
Why Is International Law Binding? 2008 SSRN Link Word
International Soft Law, Hard Law, and Coherence, 2008 SSRN Link Word
International Law as a Unitary System, 2008 SSRN Link Word
Natural Law - A Libertarian View, 2008 SSRN Link Word
Defenses to War Crimes : A Conceptual Overview, 2007
SSRN Link Word
On the Legitimacy of International Institutions, 2007
SSRN Link Word
Israel's Borders under International Law,, 2007
SSRN Link Word
The Interdisciplinary Turn in Legal Education, 2006 SSRN Link
Word
A Quick Primer on Logic and Rationality, 2006
SSRN Link Word
Porn Up, Rape Down, 2006
SSRN Link Word
The Need for a Theory of International Law, 2006 SSRN Link Word
The Contribution of the Infield Fly Rule to Western Civilization (and Vice Versa), NU Law Review,
SSRN link ; Bepress link Word
Why Be Fair When You Can Have Welfare?
SSRN Link Word
CASES AND NOTES
WORLD WAR II CASES
ACHENBACH v. UNITED STATES (Internees seeking damages
for having been deliberately left in harm's way) Oral arguments in this
case, Nov.1, 04. Added citation
HAIR v. UNITED STATES (all Americans killed or injured in the Pacific
Theatre)
ROSEN v. JAPAN (all Americans killed or injured in the Pacific Theatre)
In
re
Yamashita; Reading for program "War Crimes: The Position
of the United States"
Email:
a-damato[at]northwestern.edu
This
web site:
http://anthonydamato.law.
northwestern.edu
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SOME SAYINGS YOU MAY NOT HAVE HEARD:
1. Hollywood
2. Law
3. Politics
4. Teaching
5. Einstein
6. Listserves
7. Culture
8. Wisdom
9. Some Originals
1. Hollywood
When did I realize I was God? Well, I was praying and I suddenly realized
I was talking to myself. -- Peter O'Toole.
You're not kidding this time, are you? -- Boris Karloff, at the funeral
of Bela Lugosi.
I'm a housekeeper. I get divorced, I keep the house. -- Zsa Zsa Gabor.
I once shook hands with Pat Boone and my whole right side sobered up --Dean
Martin
I used to be Snow White but I drifted. -- Mae West
It's been so long since I've made love, I can't even remember who gets tied up. -- Joan Rivers
I've been doing the Fonda workout: the Peter Fonda workout. That's where
I wake up, take a hit of acid, smoke a joint, and run to my sister's house
and ask her for money. -- Kevin Meaney
Great acting requires sincerity, passion, and realism. If you can fake
those things, you’ve got it made. -- Marlon Brando
Start every day off with a smile and get it over with. -- W.C. Fields
There goes the good time that was had by all. -- Bette Davis (remark-ing on a passing starlet)
I like you. I kill you last. - a Schwarzenegger movie line.
When she started to play, Steinway himself came down personally and rubbed
his name off the piano. -- Bob Hope, on comedienne Phyllis Diller.
2. Law
You can take the lawyer out of the courtroom, but ... – Larry Kramer.
Therefore, the United States should not be weary of this claim. –
Law student’s final exam.
Home-grown wheat is clearly not part of interstate commerce according
to the original intent of the Farmers of the Constitution. – Law
student’s final exam of some years ago when I taught Constitutional
Law.
The appearance of law must be upheld, especially when it's being broken.
-- Jim Broadbent as Boss Tweed in Gangs of New York
Article II cannot be read to swallow itself. – Legal brief filed
on behalf of Al Gore, Dec.10, 2000
Circumstantial evidence is the most damaging evidence there is, because
it's the most difficult to arrange. -- Warren Burger on the O.J. Simpson
trial
The Los Angeles police were so corrupt that they botched the job of framing
a guilty person. -- Professor Ron Allen
The Iliad was not written by Homer, but by a different blind man who was
called Homer. – Anon. law professor
A is the owner of Blackacre, so for convenience we’ll call him B.
– Anon. law professor.
3. Politics
For every action, there is an equal and opposite government program. –
Anon.
If we do not succeed, we run the risk of failure. -- Dan Quayle
For Americans, winning is not enough—others must lose. – Gore
Vidal
The right to be heard does not automatically include the right to be taken
seriously. --Hubert H. Humphrey
If a problem can't be solved, enlarge it. – Dwight D. Eisenhower
When enough bureaucratic prestige has been invested in a policy, it is
easier to see it fail than to abandon it. -- Henry Kissinger
It was said of Richard Nixon that although he doesn't think honesty is
the best policy, he does think it's a policy
The great thing about being famous is that when you're boring people think
it's their fault. -- Henry Kissinger
I must study politics and war that my sons may have liberty to study mathematics,
philosophy, geography, commerce and agriculture, in order to give their
children a right to study painting, poetry, music, architecture …
-- John Adams
4. Teaching
I have taught forgettably many classes. – Professor Robert Paul
Why is it that each year I have to teach them the exact same thing all
over again? -- Professor Carolyn Bell (Wellesley College)
Now remember, just because a Wellesley student is rich and beautiful doesn’t
mean she’s stupid. – President Margaret Clapp, welcoming us
new liberal assistant professors in September 1962
A Stanford dean once tried to deal with a “deadwood” on the
faculty by suggesting that he take a well-earned early retirement at half
salary. The professor declined, pointing out that, after all, he was already
retired on full salary. – Anon.
5. Einstein
Any idea that can be put into a nutshell should remain there
The difference between genius and stupidity is that genius has its limits
The fish will be the last to discover water
I have no special talents. I am only passionately curious
It is the theory which decides what we can observe
Anybody who really wants to abolish war must resolutely declare himself
in favor of his own country's resigning a portion of its sovereignty in
favor of international institutions: he must be ready to make his own
country amenable, in case of a dispute, to the award of an international
court.
6. Listserves
I have been on this listserve for four years; this is the first time I've
used the expression "Joe Sixpack." Believe me: If I'd had any
idea that anyone found it offensive, I would have used it long before
now. -- Anon.
We are a hospice and workshop for people with untreatable delusions of
adequacy. – Reply email to a Nigerian con artist.
7. Culture
Wagner's music is better than it sounds. -- Mark Twain
I have been working on a book for several years now which addresses everything
I think about, and one of the things I touch on is culture. – Footnote
in a law student’s term paper
That's a difficult question. Goethe might have answered it, but he didn't
think it was worthwhile. -- Hans Zinsser, in Rats, Lice & History
Dante was a great transitional figure. With one foot planted firmly in
the Middle Ages, he saluted the rising sun of the Renaissance with the
other. -- From a literature student’s exam as reported by John Ciardi
If saucers come from outer space, why have their pilots not attempted
to make contact with us, instead of hovering mysteriously over deserted
areas? My own theory is that for creatures from another solar system “hovering”
may be a socially acceptable mode of relating. It may, indeed, be pleasurable.
I myself once hovered over an eighteen-year-old actress for six months,
and had the best time of my life. -- Woody Allen
After twelve years of therapy my psychiatrist said something that brought
tears to my eyes. He said, "No hablo Ingles." -- Anon.
A gentleman is never unintentionally rude. G.K. Chesterton
You can only drink 30 or 40 glasses of beer a day, no matter how rich
you are. -- Colonel Adolphus Busch
Beer is proof that God loves us and wants us to be happy. -- Benjamin
Franklin
Wine is the most civilized thing in the world. -- Ernest Hemingway
Not only is there no God, but try getting a plumber on a weekend. –
Woody Allen
Some people get so rich they lose all respect for humanity. That's how
rich I want to be. -- Rita Rudner
Approximately 100% of crop circles are man-made. -- Joe Nickell
Who would have thought that there are so many things in the world that
I do not want? – Socrates, while strolling through the marketplace
in Athens
8. Wisdom
When we neither punish nor reproach evildoers, we are not simply protecting
their trivial old age, we are thereby ripping the foundations of justice
from beneath new generations. -- Alexander. Solzhenitsyn
Those who are kind to the cruel will be cruel to the kind. – The
Talmud
.
You can easily judge the character of others by how they treat those who
can do nothing for them or to them. – Anon.
Seek simplicity and mistrust it. – Alfred North Whitehead
It is better to be wrong than to be vague. -- Freeman Dyson.
Ignorance more frequently begets confidence than does knowledge. –
Charles Darwin, The Descent of Man
The paradox about evolution is that it has produced people who say they
understand it. -- Stuart Kauffman
Martyrdom is the only way a man can become famous without ability. --
George Bernard Shaw
Some cause happiness wherever they go; others, whenever they go. -- Oscar
Wilde
Coincidences are spiritual puns. – G.K. Chesterton
Life isn’t everything. – Neil Simon
My one regret in life is that I’m not someone else. – Woody
Allen
First things first, but not necessarily in that order. -- Doctor Who
Beware the 12-division strategy for a 10-division Army. -- Gen. Eric Shinseki
There's a rule that if you find yourself in a hole, stop digging. -- Gen.
Anthony Zinni
Whose side were we on in the war, Daddy? -- Dr. Peter Hall
It was not enough to produce satisfactory soap, it was also necessary
to induce people to wash. – Joseph Schumpeter (1939).
Before you criticise someone, you should walk a mile in their shoes. That
way you'll be a mile away from them. And you'll have their shoes. –
Anon.
9. Some Originals
(unless someone I never heard of beat me to it):
His treachery was so thick you could stab it with a knife
Little things matter. But they matter less than big things
There are a great many people worse off than me. Dead people
Absinthe makes the heart grow fonder
The most important thing in life is – I forgot
If someday we build a computer that can understand wave-particle duality,
I’m sure we’ll be unable to understand the computer. |
