Brad R. Roth


Brad R. Roth is a Professor of Political Science and Law at Wayne State University in Detroit. He is the author of Governmental Illegitimacy in International Law (Oxford, 1999) and Sovereign Equality and Moral Disagreement (Oxford, 2011), and co-editor of Democratic Governance and International Law (with Gregory H. Fox, Cambridge, 2000), Supreme Law of the Land? Debating the Contemporary Effects of Treaties within the United States Legal System (with Gregory H. Fox & Paul R. Dubinsky, Cambridge, 2017), and Democracy and International Law (with Gregory H. Fox, Edward Elgar, 2020).

Recently Published

The Honduran Crisis and the Turn to Constitutional Legitimism, Part I: The Place of Domestic Constitutional Orders in the International Legal Framework

Who is the current President of Honduras?  Far from the stuff of quiz shows, this question bears on the very foundations of international law.  The international reaction to the June 28, 2009 ouster of President Manuel Zelaya, though superficially similar to earlier repudiations of coups, is in important respects unprecedented.  Its implications have a profundity that few international…

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Sorting Out the Torture Memo Issues, Part II: Deriving Appropriate Frameworks for Establishing Legal Culpability

In my first post, I began to address concerns brought to mind by W. Bradley Wendel’s excellent review for Legal Ethics (12:1) of five books on the "torture memos" generated by the U.S. Justice Department’s Office of Legal Counsel (OLC). That post lamented the tendency of the discourse on the memos’ improprieties to focus on criminal law…

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Sorting Out the Torture Memo Issues, Part I: The Devaluation of Non-Penal International Norms

Editor's Note: See herefor a post welcoming Professor Roth While we continue to await the long-withheld report of the U.S. Justice Department’s Office of Professsional Responsibility (OPR) on the conduct embodied in the notorious Office of Legal Counsel (OLC) "torture memoranda," W. Bradley Wendel sorts…

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