Craig Martin Publications, Presentations, and Other Activity

Articles in Law Reviews

"Kiobel, Extraterritoriality, and the 'Global War on Terror'," 28 Maryland Journal of International Law 146 (2013).

"The Japanese Constitution as Law and the Legitimacy of the Supreme Court's Constitutional Decisions: A Response to Matsui," 88 Washington University Law Review 657 (2011).

"Taking War Seriously: A Model for Constitutional Constraints on the Use of Force, in Compliance with International Law," 76 Brooklyn Law Review 611 (2011).

"Glimmers of Hope: The Recent Evolution of Equality Rights Doctrine in Japanese Courts, From a Comparative Perspective," 20(2) Duke Journal of Comparative & International Law 167 (2010).

"Binding the Dogs of War: Japan and the Constitutionalizing of Jus ad Bellum," 30 University of Pennsylvania Journal of International Law 267 (2008).

"The Case Against 'Revising Interpretations' of the Japanese Constitution," The Asia-Pacific Journal: Japan Focus, May 29, 2007.

"Unequal Shadows: Negotiation Theory and Spousal Support Under Canadian Divorce Law," 56 University of Toronto Faculty of Law Review 135 (1998) (cited by the Supreme Court of Canada in Bracklow v. Bracklow, [1999] 1 S.C.R. 420; Miglin v. Miglin, [2003] 1 S.C.R. 303; and Rick v. Brandesma (2009), 10 SCC (2009).

"Tolofson and Flames in Cyberspace: the Changing Landscape of Multistate Defamation," 31 University of British Columbia Law Review 127 (1997).
» Cited in: Éditions Écosociété Inc. v. Banro Corp., 2012 SCC 18 (Supreme Court of Canada, April 18, 2012).

Book Chapters and Similar Publications

"A Constitutional Case for Amending Article 9," in A Time For Change?: Japan's "Peace" Constitution at 65 edited by Bryce Wakefield (Woodrow Wilson International Center for Scholars, 2012).
» See publisher's website for description and ordering information.

"Going Medieval: Targeted Killing, Self-Defence, and the Jus Ad Bellum Regime," in Targeted Killing: Law and Morality in an Asymmetrical World (Claire Finkelstein et al., eds.) (Oxford University Press, 2012).
» See publisher's website for description and ordering information.

"Coming of Age: The Courts and Equality Rights in Japan's Aging Society," in Florian Coulmas et al eds., The Demographic Challenge: A Handbook About Japan (Leiden, 2008).

Opinions/Editorials and Blog Articles (Selected)

"When Should We Violate International Law in Order to Enforce It?," Huffington Post, September 9, 2013.

"International Law and U.S. Military Strikes on Syria," Huffington Post, August 31, 2013.

"Boston and the Dangerous Calls for 'Enemy Combatant' Status," The Huffington Post, April 30, 2013.

"Why Japan Should Amend its War-Renouncing Article 9," The Japan Times, August 4, 2012.

"The Law and Congressional Red-Lines on Iranian Nuclear Talks," Truman National Security Project, Doctrine Blog, July 11, 2012.

"LDP's dangerous proposals for amending anti-war article," The Japan Times, June 6, 2012.

"Targeted Killings Symposium: Craig Martin Comments on 'Targeting Co-Belligerents' by Jens David Ohlin," Opinio Juris, June 4, 2012.

"Obama Administration Fails to Address the Legality of Targeted Killing," Truman National Security Project, Doctrine Blog, May 3, 2012.

"Why We Should Not Support an Israeli Attack on Iran," The Huffington Post, March 2, 2012.

"Debating Canada's Role and Objectives in Libya," The Huffington Post (Canada), June 13, 2011).

"The Fallacies of the Torture Debate," The Huffington Post, May 19, 2011.

"The Legal Implications of Military Intervention in Libya," The Huffington Post, March 2, 2011.

"New START is About More Than Russia," The Huffington Post, December 15, 2010.

"Japan's Leadership Test in Sri Lanka," The Japan Times, December 2, 2010

"It's Wrong to Backpedal on Nonnuclear Principles," The Japan Times, August 18, 2010.

"Time to Scrap 'Don't Ask Don't Tell'," CBSNews.com, February 12, 2010.

"The Use of Force and International Law – The Void in American Discourse," The Progressive Fix, December 24, 2009.

"Debate Afghan War Goals, Then Select Strategy," (co-authored with Adnan Zulfiqar) The Japan Times, November 7, 2009.

"Climate Insecurity: Military Implications Must be Part of Congress' Discussion of Climate Change Legislation," Baltimore Sun, September 10, 2009.

"A Turning Point in Japan for the Right to Equality?" The Japan Times, June 10, 2009.

"Piracy and the Constitution," The Japan Times, March 26, 2009.

"The Fatal Flaw in Trying to Impose a New Interpretation on Article 9," The Japan Times, October 5, 2008.

"Japan Opens the Way for Military Use of Outer Space," Foreign Policy Digest, June 2008.

"Permanent SDF Overseas Deployment Law Endangers Democracy," The Japan Times, May 21, 2008.

"Rule of Law Comes Under Fire: Government Response to High Court Ruling on SDF Operations in Iraq," The Japan Times, May 3, 2008.

"Establish Limits on Naval Support to U.S.: Lessons from Canada," The Japan Times, January 10, 2008.

"Japan's Antiterrorism Special Measures Law and Confusion Over U.N. Authority," The Japan Times, October 8, 2007.

"Collective Self-Defense and Collective Security: What the Differences Mean for Japan," The Japan Times, August 30, 2007.

"Who Will Defend Japan's Constitution?" The Japan Times, April 29, 2007.

Presentations

"Extending the Limits of Armed Conflict," 2013 Kansas National Guard Annual Judge Advocate General Conference, Washburn University School of Law, Topeka, Kansas, September 28, 2013.

Panelist,  "Drones, Targeted Killing, and Cyber-Warfare Issues," 2013 Kansas National Guard Annual Judge Advocate General Conference, Washburn University School of Law, Topeka, Kansas, September 28, 2013.

"Extending the Limits of Armed Conflict," University of Missouri School of Law, Faculty Colloquium Series, Columbia, Missouri, September 20, 2013.

「憲法第九条改正:法律的な議論」、大阪大学大学院法学研究科、教授研究会、2013年8月1日。["Amending Article 9 of the Constitution: A Legal Argument," Osaka University Graduate School of Law and Politics faculty presentation, Osaka, Japan, August 1, 2013].

"Defining the Limits of Armed Conflict in the Face of Transnational Terrorism," Law and Society Association Annual Meeting, Boston, Massachusetts, May 31, 2013.

"Denying the Rights of Belligerency: The Broader Significance of the Misunderstood Clause of Article 9," The Third East Asian Law & Society Conference, KoGuan Law School, JiaoTong University, Shanghai, China, March 23, 2013.

Panelist, "The Alien Tort Statute and the Court's Concern over Extraterritoriality under International Law," Extraterritoriality Post Kiobel: International and Comparative Legal Perspectives Symposium, University of Maryland Francis King Carey School of Law, Baltimore, Maryland, November 16, 2012.

"Defining the Limits of Armed Conflict: The U.S., Al Qaeda, and Associated Forces," Kansas National Guard 2012 Annual Judge Advocate Generals Conference, October 6, 2012.

"Denial of the Rights of Belligerency: The Forgotten and Misunderstood Clause in the Constitution of Japan," Law and Society Association Conference, Honolulu, Hawaii, June 9, 2012.

Keynote Address, "Targeted Killing with Drones: At the Intersection of Jus ad Bellum and Jus in Bello," Public International Law and Foreign Affairs Conference, Creighton University School of Law, Omaha, Nebraska, March 30, 2012.

"Freedom of Expression and Hate Speech from a Comparative Perspective", Faculties of Law and Journalism, University of Tuzla, Tuzla, Bosnia and Herzegovina, January 23, 2012 (sponsored by University of Pennsylvania and the NPO Internews, under a USAID grant, to develop media law programs and strengthen freedom of expression in Bosnia).

Oral Advocacy Training, University of Sarajevo Faculty of Law, Sarajevo, Bosnia and Herzegovina, January 20-22, 2012 (presented to students participating in the Munroe E. Price International Media Law Moot Court to be held in Oxford, England in March 2012) (sponsored by University of Pennsylvania and the NPO Internews, under a USAID grant, to develop media law programs and strengthen freedom of expression in Bosnia).

Panel Participant, "Japan's Peace Constitution at 65: Time for a Change?," Woodrow Wilson International Center for Scholars, Washington, DC, September 22, 2011.

"Taking War Seriously," Brooklyn Law Review Author Spotlight Series, Brooklyn Law School, Brooklyn, October 2010.

"Response to Shigenori Matsui's 'Why the Japanese Court is so Conservative,'" Washington University in St. Louis, Decision Making on the Japanese Supreme Court Conference, St. Louis, September 2010.

"The Judicial Review of National Security Issues: A Comparative Analysis," Law & Society Association Conference, Chicago, May 2010.

"Taking War Seriously: The Case for Constitutional Implementation of Jus ad Bellum," Foundations of International Law Conference, University of Pennsylvania Law School, April 2010.

Discussant, panel on "Trajectories of Japanese Law," Association of Asian Studies Conference, Philadelphia, March 2010.

"National Security Implications of Climate Change," Guest lecture, graduate course in Global Sustainability and Health, Johns Hopkins University Bloomberg School of Public Health, November 2009.

Moderator for panel on use of surveillance and vérité street video in the judicial system, Annual Video and Visual Advocacy Conference, University of Pennsylvania Law School, October 2009.

"Returning to the Vanguard: A New Model for Japan's Article 9," Law & Society Association Conference, Denver, May 2009.

"Glimmers of Hope: Equality Rights in Japanese Courts," Law & Society Association Conference, Denver, May 2009.

"Sheathing the Sword of War: Law and the Constraints on the Use of Armed Force," Toward Critical Mass: Conference on International, Transnational and Comparative Law, University of Toronto, January 2009.

"Article 9 of the Japanese Constitution," Guest lecturer in Prof. Eric Feldman's Law and Society in Japan course, 2007, 2008, and Prof. Jennifer Amyx' Japanese Politics course, 2008, University of Pennsylvania.

Discussant, Panel on Japanese Constitutional Issues, Japanese Law Conference: Current Trends in Japanese Law and the Legal Profession, Creighton University School of Law, May 2007.

"Not in the Blood: Jus Sanguinis, the Denial of Nationality, and Non-Discrimination in International Law," Human Rights Conference, University of Toronto, Faculty of Law, 1999.

Litigation (Selected)

Kerr v. Danier (2004), 76 B.L.R. 3d 167 (Ont. S.C.J.); rev'd (2005) 77 O.R. 3d 321 (C.A.), aff'd [2007] S.C.R. (S.C.C.) (not involved post leave to appeal to Supreme Court).

Nantais v. Easyhome Ltd., [2005] O.J. No. 5805 (Ont. S.C.J.).

In (Re) Abelsohn, The Discipline Committee of the College of Physicians and Surgeons of Ontario (2004).

Molson v. O.I. Canada Corp.,[2003] O.J. No. 556 (Ont. S.C.J.); aff'd [2003] O.J. No. 2328 (C.A.).

Cowboy Pictures v. Ontario (Ministry of Consumer and Business Services), January 28, 2003, unreported (Ont. Div. Ct.).

Consumers Packaging Inc. (Re), [2001] O.J. No. 3736 (Ont. S.C.J.); aff'd [2001] O.J. No. 3908 (Ont. C.A.).

Banque Nationale de Paris (Canada) v. Canadian Imperial Bank of Commerce (2001), 52 O.R. (3d) 161 (Ont. C.A.); application for leave to appeal to the Supreme Court of Canada denied, S.C.C. Bulletin, 2001, p. 1965.