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Jacob Katz Cogan

Judge Joseph P. Kinneary Professor of Law


Education

BA, University of Pennsylvania
MA, Ph.D., Princeton University
JD, Yale Law School

Areas of Interest

  • Comparative Law
  • Contracts
  • International Business
  • International Law
  • Legal History

Jacob Katz Cogan teaches contracts, international business transactions, public international law, and related courses, and writes about the informal and operational dimensions of international decision processes and contemporary changes in and challenges to the character and organization of the international legal system, and global governance more generally. Much of his current research focuses on the differing and contested approaches to the proper scope of contemporary international regulation and the informal (and sometimes hidden) rules that are created through the practices and understandings of states and international institutions. Among other projects, he is coediting the forthcoming Oxford Handbook of International Organizations.

Professor Cogan earned his JD from the Yale Law School, his MA and PhD from Princeton University, and his BA, magna cum laude, from the University of Pennsylvania. After law school, Professor Cogan clerked for Judge Sandra Lynch of the U.S. Court of Appeals for the First Circuit. He then held fellowships at the New York University School of Law and the Carr Center for Human Rights Policy at Harvard’s Kennedy School of Government. Professor Cogan has also held appointments as a visiting associate professor of law at Vanderbilt University Law School, as a visiting assistant professor of law at the University of Chicago Law School, and as the assistant director of the Yale Law School’s Global Constitutionalism Project. Immediately prior to joining the College of Law, Professor Cogan worked as an attorney-adviser in the Office of the Legal Adviser, U.S. Department of State. At State, Professor Cogan counseled policymakers in the areas of law enforcement and intelligence, United Nations affairs, and international claims and investment disputes. He also served as counsel for the United States before the International Court of Justice and the Iran-United States Claims Tribunal and worked on cases at all levels of the U.S. federal courts. He is a recipient the Department’s Superior Honor Award.

Professor Cogan is a frequent contributor to the American Journal of International Law and his articles and essays have also appeared in the European Journal of International Law, the Harvard International Law Journal, and the Yale Journal of International Law, among other journals. His article Representation and Power in International Organization: The Operational Constitution and Its Critics was awarded the 2010 Francis Deák Prize of the American Society of International Law. That same year he published a coedited collection of essays on international law in honor of Michael Reisman.

Professor Cogan is an active member of the American Society of International Law and an elected member of the American Law Institute. He edits the International Law Reporter, a widely read blog on scholarship, events, and ideas in international law, international relations, and associated disciplines. He holds both German and U.S. citizenship.

Books

    • The Oxford Handbook of International Organizations (co-editor with Ian Hurd and Ian Johnstone) (Oxford University Press, forthcoming 2014)
    • Comparative Constitutional Law: Context and Cases (Aspen Publishers, forthcoming 2012) (co-author with Manuel José Cepeda Espinosa, Patrick Macklem, & Ingrid Wuerth)
    • New Approaches to the History of International Law (editor) (book manuscript in progress)
    • Looking to the Future: Essays on International Law in Honor of W. Michael Reisman (Martinus Nijhoff Publishers 2010) (co-editor with Mahnoush H. Arsanjani, Robert D. Sloane, & Siegfried Wiessner)

 

Articles, Essays, and Book Reviews

  • The International Regime on the Use of Force: A Positive Theory (article manuscript in progress) (with Monica Hakimi)
  • The BRICS and the Scope of International Law (article manuscript in progress)
  • Book Review, 108 American Journal of International Law (forthcoming 2014) (reviewing The Oxford Handbook of the History of International Law (Bardo Fassbender & Anne Peters eds., 2012))
  • Coordination in Global Health and Its Costs, 107 Proceedings of the American Society of International Law (forthcoming 2013)
  • International Decision, Stichting Mothers of Srebrenica v. Netherlands, 107 American Journal of International Law 884 (2013)
  • The 2012 Judicial Activity of the International Court of Justice, 107 American Journal of International Law 587 (2013)
  • The 2011 Judicial Activity of the International Court of Justice, 106 American Journal of International Law 586 (2012)
  • The Regulatory Turn in International Law, 52 Harvard International Law Journal 321 (2011)
  • The Idea of Fragmentation, 105 Proceedings of the American Society of International Law 123 (2011)
  • Book Review, 105 American Journal of International Law 844 (2011) (reviewing Paul F. Diehl & Charlotte Ku, The Dynamics of International Law (2010))
  • The 2010 Judicial Activity of the International Court of Justice, 105 American Journal of International Law 477 (2011)
  • Introduction to Looking to the Future supra, at xiii (2010) (co-author with Mahnoush H. Arsanjani, Robert D. Sloane, & Siegfried Wiessner)
  • The 2009 Judicial Activity of the International Court of Justice, 104 American Journal of International Law 605 (2010)
  • National Courts, Domestic Democracy, and the Evolution of International Law: A Reply to Eyal Benvenisti and George Downs, 20 European Journal of International Law 1013 (2009) (responding to Eyal Benvenisti & George W. Downs,National Courts, Domestic Democracy, and the Evolution of International Law, 20 European Journal of International Law 59 (2009))
  • Book Review, 96 Journal of American History 844 (2009) (reviewing Elizabeth R. Varon, Disunion! The Coming of the American Civil War, 1789-1859 (2008))
  • Representation and Power in International Organization: The Operational Constitution and Its Critics, 103 American Journal of International Law 209 (2009)
  • Competition and Control in International Adjudication, 48 Virginia Journal of International Law 411 (2008)
  • International Decision, Prosecutor v. Milutinović et al., Decisions on Requests of the United States of America and the North Atlantic Treaty Organisation for Review, 101 American Journal of International Law 163 (2007)
  • Book Review, 100 American Journal of International Law 278 (2006) (reviewing Michael Barnett & Martha Finnemore, Rules for the World: International Organizations in Global Politics (2004))
  • Noncompliance and the International Rule of Law, 31 Yale Journal of International Law 189 (2006)
  • International Criminal Courts and Fair Trials: Difficulties and Prospects, 27 Yale Journal of International Law 111 (2002)
  • Book Review, 20 Law and History Review 194 (2002) (reviewing Laura J. Scalia, America’s Jeffersonian Experiment: Remaking State Constitutions, 1820-1850 (1999))
  • Book Review, 88 Journal of American History 1074 (2001) (reviewing Maurice Baxter, Henry Clay the Lawyer (2000))
  • The Problem of Obtaining Evidence for International Criminal Courts, 22 Human Rights Quarterly 404 (2000)
  • Book Review, 107 Virginia Magazine of History and Biography 105 (1999) (reviewing The Bill of Rights: Government Proscribed (Ronald Hoffman & Peter J. Albert eds., 1997))
  • Note,The Look Within: Property, Capacity, and Suffrage in Nineteenth-Century America, 107 Yale Law Journal 473 (1997)
  • 1846 Petition for Woman’s Suffrage, New York State Constitutional Convention, 22 Signs: Journal of Women in Culture and Society 427 (1997) (with Lori D. Ginzberg)
  • The Reynolds Affair and the Politics of Character, 16 Journal of the Early Republic 389 (1996)
  • Book Review, 53 William and Mary Quarterly 675 (1996) (reviewing Robert Rutland, James Madison and the American Nation, 1751-1836: An Encyclopedia (1996));see also Communications, 54 William and Mary Quarterly 465 (1997) (replying to letter from Joyce Appleby)
  • Book Review, 104 Virginia Magazine of History and Biography 513 (1996) (reviewing Richard Brookhiser, Founding Father: Rediscovering George Washington (1996))
  • Book Review, 27 Journal of Interdisciplinary History 332 (1996) (reviewing Jack P. Greene, Negotiated Authorities: Essays in Colonial Political and Constitutional History (1994))
  • Book Review, 63 Pennsylvania History 280 (1996) (reviewing Tony Freyer, Producers Versus Capitalists: Constitutional Conflict in Antebellum America (1994))
  • A Continental Divide in American History, 112 New Jersey History 79 (1994) (reviewing Stanley Elkins & Eric McKitrick, The Age of Federalism (1993) and James Roger Sharp, American Politics in the Early Republic: The New Nation in Crisis (1993))
  • Contracts
  • International Business Transactions
  • International Commercial Arbitration
  • International Litigation and Arbitration
  • International Tax
  • Public International Law