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Martin S. Flaherty
Martin S. Flaherty (born December 15, 1958) is a legal scholar and international human rights activist. Flaherty is a law professor in New York City and a longtime professor of international affairs at Princeton. He has also pursued human rights advocacy with a range of organizations, including Human Rights First, the Leitner Center on International Law and Justice, the New York City Bar Association, and the UN, on human rights missions to Northern Ireland, Turkey, Hong Kong, China, Mexico, Kenya, Romania, and the United States, among others. His work focuses on the independence of lawyers and judges.

Education and Clerkships
Flaherty graduated from Delbarton School in Morristown, New Jersey, in 1977. He then entered Princeton, where he received a B.A. and graduated summa cum laude in history (1981). Flaherty also attended Yale, pursuing graduate studies in early American history under the guidance of Edmund. S. Morgan, and received an M.A. (1982) and M.Phil., with distinction (1987), in history. While at Yale, Flaherty spent a year at Trinity College Dublin on an ITT/Fulbright Fellowship. Flaherty also holds a J.D. (1988) from Columbia Law School, where he was Book Reviews and Articles Editor on the Columbia Law Review.

After law school, Flaherty clerked for the Hon. John J. Gibbons, Chief Judge of the United States Court of Appeals for the Third Circuit. He then served as law clerk to the Hon. Bryon R. White, Associate Justice of the Supreme Court of the United States.

Constitutional and Foreign Relations Law and History Scholarship
Flaherty is the Leitner Family Professor of International Human Rights Law in New York, where he is the Founding Co-Director (with Professor Tracy Higgins) of the Leitner Center for International Law and Justice. He is also a longtime Visiting Professor at the School of Public and International Affairs at Princeton. In addition, Flaherty has taught at Columbia Law School, Barnard College; China University of Law and Political Science and the National Judges College, both in Beijing; Queens University Belfast, Sungkyunkwan University, St. John’s School of Law, and New York Law School, among others.

Flaherty’s scholarship concentrates on constitutional law and history, foreign affairs law, and international relations. He was an early and prominent critic of the use and misuse of historical materials in constitutional interpretation, particularly by originalists. Flaherty is also a leading advocate for the restoration of the U.S. judiciary to its initial, central role in foreign affairs.

Human Rights First
Flaherty first undertook human rights advocacy in Northern Ireland, and has remained engaged with issues there since. In 1986, while a law student at Columbia, he spent the summer as the first US intern for the non-sectarian Committee on the Administration of Justice in Belfast. That experience led to participation in several human rights missions to Northern Ireland with the Lawyers Committee for Human Rights, now Human Rights First. Those missions focused on the harassment of human rights lawyers, including the murders of Patrick Finucane and Rosemary Nelson, and resulted in several high-profile several reports.

Leitner Center
With Tracy Higgins, Flaherty in 1997 founded the Crowley Program in International Human rights, which ten years later expanded at the Leitner Center on International Law and Justice. Through the Leitner Center, Flaherty led numerous human rights investigations, including:


 * Turkey, with the Lawyers Committee for Human Rights, due process in State Security Courts
 * Hong Kong, with the New York City Bar Association, judicial independence after the handover to the People’s Republic of China
 * Mexico, with the Centro PRODH, the criminal justice system
 * Kenya, with Marie Stopes Kenya, healthcare and reproductive rights
 * Romania, with Romani CRISS, anti-Roma education discrimination in Romania

Since its founding, the Leitner Center has grown to be one of the largest and most multi-faceted law school based human rights programs in the United States, encompassing the Crowley Program in International Human Rights, Asia Law and Justice Center, a Sustainable Development Law Initiative, the Walter Leitner Human Rights Clinic, the International Law and Development in Africa Clinic, the Corporate Social Responsibility Program, the Vivian Leitner Global South LLM Student Program, among others.

New York City Bar Association.
Flaherty also pursued human rights advocacy through the New York City Bar Association. While chair of the City Bar’s human rights committee, he helped draft and oversee the first report by any organization applying international legal standards to U.S. post-9/11 “enhanced interrogation” techniques at Guantanamo and Abu Ghraib prison in occupied Iraq. Flaherty also founded the City Bar’s standing Task Force on the Independence of Lawyers and Judges, which has coordinated with the UN Special Rapporteur on the Independence of Judges and Lawyers. Apart from the United States, Flaherty’s human rights work for the City Bar focusses on China, Hong Kong, Northern Ireland, and Turkey.

Other Organizations.
Flaherty also served as a consultant, founder, or officer, of several other human rights NGOs, including the Committee to Support Chinese Lawyers, the American Association of the International Commission of Jurists, and the Ad Hoc Committee to Preserve the Good Friday Agreement. Other work includes amicus brief, with a specialty in the Alien Tort Statute, and asylum applications.

Constitutional and Foreign Affairs Law

 * Restoring the Global Judiciary: Why the Supreme Court Should Rule in Foreign Affairs (2019)
 * The Constitution and Foreign Affairs, Oxford Research Encyclopedia of American History (2019)


 * The Constitution Follows the Drone: Targeted Killings, Legal Constraints, and Judicial Safeguard, 2 Harvard Journal of Law and Public Policy 211 (2015)


 * The Most Dangerous Branch Abroad, 30 Harvard Journal of Law and Public Policy 1 (2006) [exchange with Michael Ramsey. ]
 * Executive Power Essentialism and Foreign Affairs, 102 Michigan Law Review 525 (2004) [with Curtis A. Bradley ]
 * Byron White, Federalism, and the Greatest Generation(s), 74 Colorado Law Review (2003)
 * John Marshall, McCulloch v. Maryland, and “We the People”: Revisions in Need of Revising, 43 William and Mary Law Review 1339 (2002)
 * Constitutional Asymmetry, 69 Fordham Law Review 2073 (2001)
 * Aim Globally, 17 Constitutional Commentary 205 (2000)
 * History Right?: Historical Scholarship, Original Understanding, and Treaties as “Supreme Law of the Land,” 99 Columbia Law Review 2095 (1999)
 * The Most Dangerous Branch, 105 Yale Law Journal 1725 (1996)
 * History "Lite" and Modern American Constitutionalism, 95 Columbia Law Review 523 (1995)

International and Human Rights Law

 * One Country, Which Direction?: Hong Kong 15 Years After the Handover, 51 Columbia J Journal of Transnational Law 275 (2013)
 * Keynote: "But for Wuhan?: Do Foreign Law Schools That Operate in Authoritarian Regimes Have Human Rights Obligations?,” 5 Drexel Law Review 297 (2013)
 * Judicial Globalization in the Service of Self-Government, 20 Ethics & International Affairs 477 (2006).
 * Rawls, Rights, and Reality, in Universal Human Rights and Bulwarks of Localism (Christopher Eisgruber and Andras Sajo, eds. 2005)
 * Presumed Guilty?  Criminal Justice and Human Rights in Mexico (Crowley Program & Centro de Derechos Humanos Agustín Pro Juárez, 2001) [Co-author and editor]
 * One Country, Two Legal Systems?: A Report on the Rule of Law in Hong Kong Two Years After the Resumption of Chinese Sovereignty, 55 Record of the Association of the Bar of the City of New York 325 (2000) [Co-author and editor]
 * Obstacles to Reform: Human Rights in Turkey (Lawyers Committee for Human Rights, 1999) [Co-author and editor]
 * At the Crossroads: Human Rights and the Northern Ireland Peace Process (Lawyers Committee for Human Rights, 1996)  [Co-author and editor]
 * Interrogation, Legal Advice, and Human Rights in Northern Ireland, 27 Columbia Human Rights Law Review 1 (1995)
 * Human Rights Violations Against Defense Lawyers, 7 Harvard Human Rights Journal 87 (1994)
 * Human Rights and Legal Defense in Northern Ireland (Lawyers Committee for Human Rights, 1993) [Principal author
 * Human Rights and Legal Defense in Northern Ireland (Lawyers Committee for Human Rights, 1993) [Principal author