Professor and Laurence & Jean LeJeune Distinguished Chair
1000 LaSalle Avenue
Minneapolis, MN 55403
Office Location: MSL 427
J.D., Harvard Law School
B.Phil., Oxford University
B.A., Columbia University
B.A., M.A. Oxford University
Robert Delahunty grew up in New York City. He was educated by the Jesuit order at Regis High School in Manhattan and graduated summa cum laude from Columbia University in 1968. He was awarded a Kellett Fellowship to study at Oxford University, from which he obtained a B.A. with First Class honors in Classics in 1970 and a Bachelor of Philosophy degree in 1972. He then studied or taught philosophy in England, Scotland, and Canada until 1980, holding research and teaching positions at Oriel College, Oxford University, and a tenured teaching position at the University of Durham in the north of England. During that time he wrote his book Spinoza, which was published in 1985.
Delahunty returned to the United States in 1980 to study law at Harvard Law School, from which he graduated cum laude in 1983. He began legal practice at Sullivan & Cromwell in New York City, where he was an Associate in the Litigating Section from 1983 to 1986, working primarily on a major probate proceeding. He joined the Appellate Section of the Civil Rights Division of the U.S. Department of Justice in 1986, and began working for the Office of Legal Counsel in the Justice Department in 1989. He was Special Assistant to the Solicitor of Labor in 1991/1992, a Visiting Associate Professor of Law at the Columbus School of Law at the Catholic University of America in 1999/2000, and Deputy General Counsel at the White House Office of Homeland Security in 2002/2003.
He spent most of his legal career before joining the UST faculty, however, at the Office of Legal Counsel, where he was made Special Counsel and a member of the Senior Executive Service in 1992. His work and writing at the Office of Legal Counsel focused on the constitutional law of foreign relations, Presidential war powers, public international law, treaties, and immigration law. His usual clients included the Office of the Counsel to the President, the Office of the Legal Adviser to the National Security Council, the Office of Management & Budget, the Office of the Attorney General, and the Office of the Legal Adviser to the State Department. He was selected, on Attorney General Janet Reno’s nomination, as an Atlantic Fellow in 1995/1996, enabling him to study and write on British and European asylum law at the Refugee Studies Centre at Oxford University.
|Description of course 605 :||This course will introduce students to the United States Constitution and to the role of courts in interpreting it. Students will examine the governmental structures set up by the Constitution, including the relationship between the federal and state governments and the relationship among branches of the federal government. The course will intro- duce students to the protection of individual rights under the Fourteenth Amendment in areas like racial, sexual and other forms of equality; implied rights of equality in voting; access to the courts; and rights of privacy in mat- ters like marriage, family and sexual activity. Students will develop skills in framing and responding to con- stitutional arguments and in evaluating the role of courts in making policy through constitutional decisions.|
|836||Int'l Human Rights Law||2|
|Description of course 836 :||This course will introduce students to the nature and sources of international human rights law, including United Nations and regional human rights treaties and enforcement mechanisms. Students will examine the theoretical and historical foundations for human rights norms, the evolution of economic, social and cultural rights, the treatment of international human rights law in domestic courts and individual remedies for human rights violations.|
|Description of course 837 :||This course will introduce students to the sources, history, institutions, and nature of public international law. Topics will include international law jurisdiction, international institutions, sovereign and diplomatic immunity, limits on the use of force, the law of treaties, international organizations, protection of individuals, protection of the environment and law of the sea.|
|876||Conflict of Laws||3|
|Description of course 876 :||The course is a general introduction to choice of law and related areas. Topics covered include the traditional approach to choice of law; modern approaches, including interest analysis and the Second Restatement; constitutional constraints on choice of law, including the Full Faith & Credit Clause; the Erie doctrine and Klaxon; and the recognition of other state, foreign and international judgments. There is a final examination; no paper is required.|
|950||Supervised Resrch & Writing||.5|
|Description of course 950 :||Under the supervision of a faculty member, a student may receive up to two hours of course credit for researching and writing a substantial paper on a topic of the student's own choosing. The student must receive the instructor's per- mission to enroll in this course and must meet periodically with the instructor for discussion, review and evaluation. Each faculty member may supervise the research of no more than five students each semester.|
Constitutional Law of Foreign Relations
Presidential War Powers
Public International Law
Much of my scholarship has been concerned with considering alternatives to the United Nations Charter as the primary legal basis for world order. On the critical side, I have argued that the
charter suffers from irremediable flaws with respect to its provisions regulating the use of force. On the positive side, I have explored two such possibilities: a) a return to the unregulated, but
generally peaceful, world order of the period from 1815 to 1914, in which a concert of Great Powers informally maintained the peace and b) a policy of encouraging the growth of constitutional democracy, based on the “democratic peace” theory.
Upcoming: I’m writing an extensive, detailed work on the international law regulating the conduct of hostilities.
Robert J. Delahunty & John C. Yoo, International Human Rights Law and the War on Terror, in Handbook of Human Rights (Thomas Cushman, ed., 2011).
Delahunty, Robert J., Does Animal Welfare Trump Religious Liberty? The Danish Ban on Kosher and Halal Butchering (May 1, 2014). U of St. Thomas (Minnesota) Legal Studies Research Paper No. 14-19.
Robert J. Delahunty & Christopher J. Motz, Killing Al-Awlaki: The Domestic Legal Issues, Idaho J.L. & Pub. Pol'y (Forthcoming 2012).
Robert J. Delahunty, Terrorism and Trade: A Reply to Professor Bhala, U. St. Thomas L.J. (forthcoming 2012).
Robert J. Delahunty & John C. Yoo, From Just War to False Peace, Chi. J. Int’l L. (forthcoming 2012).
Robert J. Delahunty, Nationalism, Statism and Cosmopolitanism, Nw. Interdisc. L. Rev. (forthcoming 2012).
Robert J. Delahunty, Of Charters and Compacts: Comments on Fallone, 1 Wake Forest L. Rev. Online 104 (2011).
Robert J. Delahunty, War Powers Irresolution: The Obama Administration and the Libyan Intervention, 12 Engage 122 (2011).
Robert J. Delahunty, Obama’s War Law, 11 Engage 80 (2010).
Robert J. Delahunty, Originalism and Legitimacy: A Reply to Professor Powell, 7 U. St. Thomas L.J. 281 (2010).
Robert J. Delahunty & John Yoo, What Is the Role of International Human Rights Law in the War on Terror?, 59 DePaul L. Rev. 803 (2010).
Robert J. Delahunty & John C. Yoo, Kant, Habermas and Democratic Peace, 10 Chi. J. Int’l L. 437 (2010).
Robert J. Delahunty & John C. Yoo, The "Bush Doctrine": Can Preventive War Be Justified?, 32 Harv. J.L. & Pub. Pol’y 843 (2009).
Robert J. Delahunty & John C. Yoo, Great Power Security, 10 Chi. J. Int’l. L. 35 (2009).
Robert J. Delahunty & Antonio F. Perez, The Kosovo Crisis: A Dostoievskian Dialogue on International Law, Statecraft, and Soulcraft, 42 Vand. J. Transnat’l L. 15 (2009).
Robert J. Delahunty, Herbert Butterfield, Christianity, and International Law, 86 U. Det. Mercy L. Rev. 615 (2009).
Robert J. Delahunty, The Fourth Amendment Goes to War, 10 Engage 69 (2009).
Robert J. Delahunty, Changing Hearts, Changing Minds: A New Evangelical Politics?, 47 J. Cath. Legal Stud. 271 (2008).
Robert J. Delahunty, "Constitutional Justice" or "Constitutional Peace"? The Supreme Court and Affirmative Action, 65 Wash. & Lee L. Rev. 11 (2008).
Robert J. Delahunty & John C. Yoo, Peace Through Law? The Failure of a Noble Experiment, 106 Mich. L. Rev. 923 (2008).
Robert J. Delahunty, Latin America: Economic Development and Social Justice, 5 U. St. Thomas L.J. 617 (2008).
Robert J. Delahunty & John C. Yoo, Making War, 93 Cornell L. Rev. 123 (2007).
Robert J. Delahunty, Paper Charter: Self-Defense and the Failure of the United Nations Collective Security System, 56 Cath. U. L. Rev. 871 (2007).
Robert J. Delahunty, “Varied Carols”: Legislative Prayer in a Pluralist Polity, 40 Creighton L. Rev. 517 (2007).
Robert J. Delahunty, Federalism and Polarization, 1 U. St. Thomas J.L. & Pub. Pol’y 63 (2007).
Robert J. Delahunty, Is the Geneva POW Convention ‘Quaint’?, 33 Wm. Mitchell L. Rev. 1635 (2007).
Robert J. Delahunty & John C. Yoo, Lines in the Sand, 87 Nat'l Int . 28 (2007).
Robert J. Delahunty & John C. Yoo, Executive Power v. International Law, 30 Harv. J.L. & Pub. Pol’y 73 (2006).
Robert J. Delahunty, The Battle of Mars and Venus: Why Do American and European Attitudes Toward International Law Differ?, 4 Loy. U. Chi. Int’l L. Rev. 11 (2006).
Robert J. Delahunty, Presidential Power and International Law in a Time of Terror, 4 Regent J. Int’l L. 175 (2006).
Robert J. Delahunty & John Yoo, Statehood and the Third Geneva Convention, 46 Va. J. Int’l L. 131 (2005).
Robert J. Delahunty, & John Yoo, Against Foreign Law, 29 Harv. J.L. & Pub. Pol’y 291 (2005).
Robert J. Delahunty & Antonio F. Perez, Moral Communities or a Market State: The Supreme Court’s Vision of the Police Power in the Age of Globalization, 42 Hous. L. Rev. 637 (2005).
Robert J. Delahunty, The Cinc Authority and the Laws of War, 99 Am. Soc’y Int’l L. Proc. 190 (2005).
Robert J. Delahunty, Structuralism and the War Powers: The Army, Navy, and Militia Clauses, 19 Ga. St. U. L. Rev. 1021 (2003).
Robert J. Delahunty, & John Yoo, The President’s Constitutional Authority to Conduct Military Operations Against Terrorist Organizations and the Nations that Harbor or Support Them, 25 Harv. J.L. & Pub. Pol’y 487 (2002).
Robert J. Delahunty, Federalism Beyond the Waters Edge: State Procurement Sanctions and Foreign Affairs, 37 Stan. J. Int’l L. 1 (2001).
Robert J. Delahunty, Separating Power: Essays on the Founding Period, 15 Const. Comment. 209 (1998).
Robert J. Delahunty, The Two Faces of the United Nations, 3 St. Thomas Law. 21 (2010).
Robert J. Delahunty & John C. Yoo, Thinking About Presidents, 90 Cornell L. Rev. 1153 (2005) (reviewing James Taranto & Leonard Leo, eds., Presidential Leadership: Rating the Best and the Worst in the White House (2004)).
Robert J. Delahunty, From Ancient Liberty to the Welfare State, 1994 Pub. Int. L. Rev.181 (1994) (reviewing Cass R. Sunstein, The Partial Constitution (1993)).