Prof. Roger P. Alford
3118 Eck Hall of Law
Notre Dame, IN 46556
(574) 631-3771
EMPLOYMENT
Notre Dame Law School2012-Present
Associate Dean for Graduate and International Programs
Professor of Law (tenured full professor)
Notre Dame Law SchoolFall 2010
Visiting Professor of Law
Vanderbilt Law SchoolJan. 2009
Visiting Professor of Law (short course)
Pepperdine University School of Law, Malibu CA 2000-2011
Professor of Law (tenured full professor)
Claims Resolution Tribunal for Dormant Accounts, Zurich, Switzerland1999-2000
Senior Legal Advisor and Team Leader for international arbitration
tribunal resolvingclaims involving Holocaust-era dormant Swiss
Bank accounts
Hogan Lovells (formerly Hogan & Hartson), Washington, D.C. 1995-1998
Specializing in international arbitration and litigation. Involved in
numerous international matters as counsel.
The Hon. James L. Buckley, Washington, D.C. 1994-1995
Judicial Law Clerk, U.S. Court of Appeals for the District of Columbia
Iran-United States Claims Tribunal, The Hague, Netherlands 1992-1994
Legal Advisor for Judge Richard Allison
EDUCATION
Edinburgh University, Edinburgh, Scotland
Masters of Law, Magna Cum Laude, 1992
Class Rank: 1st in class
Major: International Economic Law, including EU competition law
Master’s Thesis: The Extraterritorial Application of Antitrust Laws:
The United States and European Community Approaches
New York University, New York, New York
Juris Doctor, With Honors, 1991
New York University Law Review 1990-91
Order of the Coif
Southern Seminary, Louisville, Kentucky
Master of Divinity, 1988
Baylor University, Waco, Texas
Bachelor of Arts, With Honors, 1985
PUBLICATIONS
Champions of Peace: How Nobel Peace Prize Laureates Changed the World,(2016) (book in progress)
Judicial Barriers to the Enforcement of Treaties, in Treaties in United States Law (Paul Dubinsky, Greg Fox, Brad Roth, 2016).
Perceptions and Reality: The Enforcement of Foreign Arbitral Awards in China, 32UCLA Pacific Basin Law Review ___ (2016)
Bond and the Vienna Rules, 90 Notre Dame Law Rev. 1561 (2015)
Human Rights After Kiobel: Choice of Law and the Rise of Transnational Tort Litigation,
63 Emory L. J. 1089 (2014)
The Future of Human Rights Litigation After Kiobel,
89 Notre Dame L.Rev. 1749 (2014)
Book Review: Jeremy Waldron: “Partly Laws Common to All Mankind”: Foreign Law in American Courts, 66 Review of Metaphysics 609 (2013)
The Convergence of International Arbitration and International Trade, 53 Santa Clara L. Rev. 35 (2013)
A Broken Windows Theory of International Corruption, 73 Ohio State L. J. 1253 (2012)
Ancillary Discovery to Prove Denial of Justice, 52 Virginia J. Int’l L. 127 (2012)
Claims Resolution Tribunal for Dormant Accounts in Switzerland, in An Introduction to International Courts and Tribunals, 575 (ed. Chiara Giorgetti) (Martinus Nijhof Publishers, 2012)
Civil Law in the Wisdom Literature,(with Leslie Alford), in The Bible and Civil Law, (ed. Robert Cochran) (InterVarsity Press 2013) (forthcoming book chapter)
Moral Reasoning in International Law, (with James Tierney) in The Role of Ethics in International Law, 11 (ed. Donald Childress) (Cambridge University Press, 2012)
The Self-Judging WTO Security Exception, 2011 Utah L. Rev. 697
International Law as an Interpretive Tool, 1900-1945, in The U.S. Supreme Court and International Law: Continuity or Change? 257(eds. David Sloss, Michael Ramsey, William Dodge) (Oxford University Press, 2011)
International Law and Constitutional Interpretation: Change and Continuity: A Response to Mark Tushnet, in The U.S. Supreme Court and International Law: Continuity or Change? 518 (eds. David Sloss, Michael Ramsey, William Dodge) (Oxford University Press, 2011) (forthcoming)
Apportioning Responsibility Among Joint Tortfeasors for International Law Violations, 38 Pepperdine Law Review 233 (2011)(symposium issue)
The Future of Investment Arbitration,(Oxford University Press, 2009) (co-editor with Catherine Rogers)
The Nobel Effect: Nobel Peace Laureates as International Norm Entrepreneurs, 49 Virginia Journal of International Law 61 (2008)
Inferior Courts and Constitutional Comparativism, 77 Fordham Law Review 647 (2008)
Free Speech and the Case for Constitutional Exceptionalism, 106 Michigan Law Review 1071 (2008)
Arbitrating Human Rights, 83 Notre Dame Law Review 505 (2008)
International Dispute Resolution and State Succession, 23 Arbitration International 511 (2007)
Evidentiary Practices Before the Iran-United States Claims Tribunal, The Iran-United States Claims Tribunal at 25: The Cases Everyone Needs to Know for International and Investor-State Arbitration, 165(Chris Drahozal and Chris Gibson, eds. Oxford University Press 2007)
Foreign Relations as a Matter of Interpretation: The Use and Abuse of Charming Betsy, 67 Ohio State L. J. 1339 (2006)
Reflections on US—Zeroing: A Study on Judicial Overreaching by the WTO Appellate Body, 44 Columbia J. Trans. L. 196 (2006)
Four Mistakes in the Debate on Outsourcing Authority, 69 Albany Law Review 653 (2006)
Holocaust Restitution: Perspectives on the Litigation and Its Legacy(NYU Press 2006) (co-editor with Michael Bazyler)
Arbitrating Human Rights, 99 ASIL Proc. 233 (2005)
Our Constitution in International Equipoise, 53 UCLA Law Rev. 1 (2005)
In Search of a Theory for Constitutional Comparativism, 52 UCLA Law Rev. 639 (2005)
International Legal Developments in Review: 2003,
38 The International Lawyer 115 (2004) (General Editor)
Foreign Law Year in Review: 2003,
38 The International Lawyer 521 (2004) (General Editor)
Federal Courts, International Tribunals, and the Continuum of Deference: A Postscript on
Lawrence v. Texas, 44 Virginia Journal of International Law 913 (2004)
Binding Sovereign Non-Signatories
19 Mealey’s International Arbitration Reports 1 (March 2004)
Misusing International Sources to Interpret the Constitution,
98 American Journal of International Law 57 (2004)
Report to California Law Revision Commission Regarding Recommendations for Changes to California Arbitration Law, 4 Pepperdine Dispute Res. L. J. 1 (2003)
The American Influence on International Arbitration,
19 Ohio State Journal on Dispute Resolution 69 (2003)
International Legal Developments in Review: 2002,
37 The International Lawyer 243 (2003) (General Editor)
Foreign Law Year in Review: 2002,
37 The International Lawyer 863 (2003) (General Editor)
Introductory Note to U.S. Court of Appeals for the District of Columbia Circuit: Nemariam, et. al. v. Ethiopia42 Int’l L. Mat. 420 (2003)
Federal Courts, International Tribunals, and the Continuum of Deference,
43 Virginia Journal of International Law 675 (2003)
Foreign Law Year in Review: 2001,
36 The International Lawyer 751 (2002) (General Editor)
International Legal Developments in Review: 2001,
36 The International Lawyer 265 (2002) (General Editor)
The Legalization of International Relations/The Internationalization of Legal Relations, 96 ASIL Proc. 1 (2002) (General Editor)
The Internationalization of Legal Relations 96 ASIL Proc. 146 (2002)
Book Review, 16 Journal of Law and Religion 595 (2002). Reviewing The Influence of Religion on the Development of International Law by Mark W. Janis, and Religion and International Law, by Mark W. Janis & Carolyn Evans
On War As Hell, 3 Chicago Journal of International Law 207 (2002)
The Claims Resolution Tribunal and Holocaust Claims Against Swiss Banks, 20 Berkeley Journal of International Law 250 (2002)
Foreign Law Year in Review: 2000,
35 The International Lawyer 867 (2001) (General Editor)
International Legal Developments in Review: 2000,
35 The International Lawyer 239 (2001) (General Editor)
The Virtual World and the Arbitration World,
18 Journal of International Arbitration 449 (2001)
The Proliferation of International Courts and Tribunals,
94 ASIL Proc. 160 (2000)
1999 Developments Concerning International Courts and Tribunals,
34 International Lawyer 651 (2000) (co-authored)
1998 Developments Concerning International Courts and Tribunals,
33 International Lawyer 537 (1999) (co-authored)
1997 Enforcement of Foreign Judgments,
32 International Lawyer 249 (1998) (co-authored)
1997 Developments Concerning International Courts and Tribunals,
32 International Lawyer 499 (1998) (co-authored)
Decision Concerning the Well Blowout Control Claim
92 American Journal of International Law 287 (1998)
1996 Developments Concerning International Courts and Tribunals,
31 International Lawyer 599 (1997) (co-authored)
UN Commission to Rule on Extent of Corporate Claims Against Iraq,
15 International Financial Law Review 25 (1996) (co-authored)
Analysis of 1993 Awards and Decisions: Iran-United States Claims Tribunal,
19 Yearbook Commercial Arbitration 367 (1994) (co-authored)
The Extraterritorial Application of Antitrust Laws: A Postscript onHartford Fire Insurance v. California,
34 Virginia Journal of International Law 213 (1993)
Subsidiarity and Competition: Decentralized Enforcement of EU Competition Laws,
27 Cornell International Law Journal 271 (1993)
The Extraterritorial Application of Antitrust Laws: The United States and European Community Approaches,
33 Virginia Journal of International Law1 (1992)
Why a Private Right of Action Against Dumping Would Violate GATT,
66 New York University Law Review 696 (1991)
SPEAKING ENGAGEMENTS
Nobel Peace Prize Laureates from Ireland, Trinity College Dublin, Dublin, October 22, 2015
International Arbitration Author Panel, London, October 14, 2015
The Convergence of Trade and Arbitration, Judicial Research and Training Institute of Korea, Seoul, Korea, May 12, 2015
Treaty Interpretation and the Vienna Rules, Provo, UT, January 30, 2015
Arbitration of Human Rights Disputes, Geneva, December 4, 2014
Barriers to Treaty Enforcement, International Law Association, New York, Oct. 24, 2015
Transnational Forum Shopping, Pepperdine University School of Law, Sept. 21, 2013
International Law in the United States, Pontifical University of Chile, Santiago, Chile, September 9, 2013
International Arbitration, Pontifical Catholic University of Valparaiso, Valparaiso, Chile, Sept. 6, 2013
Kiobel, the ATS, and the Future of Human Rights Litigation in U.S. Courts, American Society of International Law, April 4, 2013
The Convergence of International Arbitration and International Trade, Santa Clara Law School, February 1, 2013
Moral Reasoning in International Law, California Western University School of Law, January 31, 2013
Choice of Law, Human Rights, and Domestic Torts, University of Pennsylvania Law School, November 2, 2012
Discovery and Privilege in Global Disputes: Navigating Issues of Jurisdiction, Ethics, and Choice of Law, American Bar Association Section on International Law, Miami, FL, October 18, 2012
American Discovery Goes Global, Wayne State Law School, October 1, 2012
Using State Tort Law to Redress International Human Rights Violations, Irvine Law School, April 6, 2012
A Broken Windows Theory of International Corruption, Ohio State Law School, March 16, 2012
Ancillary Discovery to Prove Denial of Justice, Virginia Law School, February 10, 2012
Arbitration and the Regulation of the International Economy, St. John’s Law School, April 1, 2011
The Prosecution of Julian Assange, American Society of International Law, March 24, 2011
The Civil Law in the Wisdom Literature, Colloquium on the Bible and the Law, Pepperdine Law School, February 11, 2011
Moral Reasoning in International Law, St. Thomas Law School (MN), February 4, 2011
The Civil Law in the Wisdom Literature, Law Professors Christian Fellowship, January 8, 2011
The Self-Judging WTO Security Exception, Notre Dame Law School, October 6, 2010
The Arab League Boycott and the WTO, Northwestern School of Law, May 17, 2010
Using Domestic Tort Remedies to Inform the Alien Tort Statute, Pepperdine Law School, April 16, 2010
Moral Reasoning in International Law, American Society of International Law, November 13, 2009
International Law as an Interpretive Tool, 1900-1945Santa Clara Law School, November 6, 2009
Reconciliation Among the Children of Abraham, Pepperdine Law School, November 2, 2009 (conference director)
Moral Reasoning in International Law, Princeton Center for Theological Inquiry, September 11, 2009
Joint and Severable Liability Under International Human Rights Law, Vanderbilt Law School, January 26, 2009
Byrne Judicial Clerkship Institute, Pepperdine University School of Law, March 13-15, 2008 (conference director)
Religion and International Law Colloquium, Princeton Theological Seminary, January 23-24, 2008
A Critique of the International Legal Academy, International Law Association, New York, October 27, 2007
International Law and the Constitution: Terms of Engagement, Fordham Law School, October 4-5, 2007
Religion and International Law Colloquium, Princeton Theological Seminary, September 23-24, 2007
“Comparative Constitutionalism Debate with Professor Cleveland,” Columbia University School of Law, April 19, 2007
“The Future of Arbitration Involving States,” ITA-ASIL 4th Annual Conference on International Arbitration, March 28, 2007, Washington, D.C.
“The Problems with U.S.-Canadian Softwood Lumber Dispute,” University of Idaho, Coeur d’Alene, Idaho, March 3, 2007
“Genocide and Religion: Victims, Perpetrators, Bystanders and Resisters,” Pepperdine University School of Law and the Simon Wiesenthal Center, February 11-13, 2007 (conference co-chair)
“International Investment Arbitration,” Boalt Hall, ITA Investment Arbitration Colloquium, January 13, 2007
“Comparative Constitutionalism Debate with Professor De La Vega,” University of San Francisco Law School, October 16, 2007
“Normative Power to and Among International Tribunals,” American Political Science Association, Philadelphia, PA, September 1, 2007
“Establishing Procedure and Jurisdiction, Concept of Nationality and Evidentiary Practices,” March 29, 2006, ITA/ASIL Annual Meeting, Washington, D.C.
“Domestic vs. International Mediation and Arbitration in California,” State Bar of California , Santa Monica, January 27, 2006
“The Iran-U.S. Claims Tribunal: What is Ahead?”University of California, Berkeley, January 13, 2006
“Settlement Agreements and International Tribunals” Cardozo Law School, November 18, 2005
“International Law and Constitutional Interpretation”Albany Law School, October 27, 2005
“Charming Betsy and the Role of Presumptions in International Law,” October 21, 2005 International Law Association, New York, New York
“International Law Principles for War Reparations” Whittier Law School, September 27, 2005,
“Foreign Relations as a Matter of Interpretation,” Vanderbilt University School of Law, September 16, 2005
“War Reparations, the Holocaust, and the International Criminal Court,” Judging Nuremberg Conference, Nuremberg, Germany, July 19, 2005
“The Four Faces of Human Rights”, Madras Bar Association, Madras, India, June 17, 2005
“Report on Proposed Revisions to California’s Arbitration Statute,” Orange County Bar Association, Orange, CA, April 7, 2005
“Rethinking Foreign Sovereign Immunity,” American Society of International Law, Washington, D.C.April 2, 2005
“Arbitration and the Involvement of Non-Parties: Transparency, Intervention, and Appeal,” Institute for Transnational Arbitration/American Society of International Law, Washington, D.C.,March 30, 2005
“The Value of Comparative Law in Developing a Theory of Human Rights Remedies,” International Law Association, American Branch, Whittier Law School, Costa Mesa, California, February 5, 2005
“Arbitral Advocacy/Enforcement of Arbitral Agreements and Awards,”Institute for Transnational Arbitration-CANACO, Mexico City, Mexico, January 24, 2005
“Use of Broadly-Accepted Norms in Achieving International Cooperation”, Association of American Law Schools, San Francisco, California, January 5, 2005
“Holocaust Restitution and War Reparations,” Oxford, England, Oxford University, November 25, 2004
“Foreign Laws and Constitutional Interpretation,” Federalist Society National Lawyers Convention, Washington, D.C., November 11, 2004
“Using Foreign and International Materials to Interpret the Constitution” International Law Association, New York, New York, October 14, 2004
“Is the Invasion of Iraq Illegal But Legitimate?” Pepperdine University School of Law, March 28, 2003
“Transnational Litigation in Federal Courts,” Law Clerk Symposium, United States Federal Courthouse, March 21, 2003
“New Uses for Arbitration and Mediation,” Arbitrators and Mediators Institute of New Zealand, Auckland, New Zealand, February 20, 2003
“Emerging Forums of International Dispute Resolution,” Harvard Law School, February 14, 2003
“Using Treaties to Interpret the Constitution?” International Law Association West, Loyola L.A. Law School, February 8, 2003
“The Role of the Law Clerk in Appellate Litigation,” Judicial Clerkship Institute, Pepperdine University School of Law, January 2, 2003
“Using International Law to Interpret the Constitution?,” Fordham University School of Law, December 16, 2002
“The Americanization of International Commercial Arbitration,” Ohio State University School of Law, November 7, 2002
“The Internationalization of Legal Relations,” The American Society of International Law, Washington, D.C., March 14, 2002
“Terrorist Attacks and Plaintiff’s Diplomacy” Colorado Bar Institute, Vail, Colorado, September 22, 2001
“War Reparations and September 11, 2001,” Pepperdine University School of Law, Malibu, California, October 2, 2001
“Holocaust Reparations and Terrorist Reparations” Chapman University School of Law, Orange, California, September 20, 2001
“Finding the Owner: Unlawful Takings and Possession of Assets,” UC Berkeley, Berkeley, California, March 9, 2001
“Multinationals and the Unfinished Legacy of Nuremberg,” University of California, Hastings College of Law, San Francisco, California, February 23, 2001
“International Arbitration,” American Branch of the International Law Association, Malibu, California, January 27, 2001
“The Proliferation of International Courts and Tribunals: International Adjudication in Ascendance,” American Society of International Law, Washington, D.C. April 6, 2000
REPRESENTATIVE COURSES TAUGHT
Commercial Arbitration
International Arbitration
International Trade
International Business Transactions
International Commercial Alternative Dispute Resolution
Select Issues in Alternative Dispute Resolution: Arbitration in Europe
Select Issues in Alternative Dispute Resolution: Arbitration in Asia
International Litigation
Public International Law
Constitutional Law: Federal/State Relations
Contracts I & II
REPRESENTATIVE CONSULTING
Business Roudtable
Amicus Brief for Second Circuit in Donziger v. Chevron on the role of international comity and injunctions to prevent enforcement of foreign judgments procured by fraud.
McKann FitzGerald
Expert opinion and counsel to law firm representing California tech-company in litigation before the Irish courts regarding the interpretation of a consulting contract.
Hogan Lovells, LLP
Expert advice and counsel to law firm representing Canadian province in LCIA arbitration between Canada and the United States pertaining to softwood lumber dispute.
Bingham McCutchen, LLP
Expert advice and counsel to law firm representing American corporation in AAA arbitration regarding challenge of arbitrator’s impartiality and independence.
Government of Ukraine
Expert Opinion for Government of Ukraine on several hundred million dollar dispute between Ukrainian government entity and foreign investor addressing refusal to enforce international arbitration award under New York Convention as violation of bilateral investment treaty.
State of California
Sole Expert for California Law Revision Commission of the State of California for proposed revision to California state arbitration statute, including consideration of adoption of Revised Uniform Arbitration Act. Results of report to be used by California Legislature in revising state statute.
White & Case, L.L.P.
Expert Opinion for law firm of White & Case L.L.P. on international law questions in several hundred million dollar dispute between Saudi client and Government of Iraq before the United Nations Compensation Commission.
White & Case, L.L.P.
Expert Opinion for law firm of White & Case L.L.P. on United States law questions in several hundred million dollar dispute between Russian entities regarding waiver of rights to arbitration.
ACTIVITIES
KluwerArbitrationBlog () 2009-Present
Founder, General Editor, and Permanent Contributor
Opinio Juris ()2005-Present
Managing Editor and Permanent Contributor
KluwerArbitration () 2009-Present
Co-Founder and General Editor
Visiting Member, Princeton Center for Theological Inquiry2008-2011
Diane and Guilford Glazer Institute for Jewish Studies2008-2011
Director, Organization devoted to improving
Jewish-Christian relations
Wm. Matthew Byrne, Judicial Clerkship Institute2007-2008
Director, Organization devoted to training future law clerks
throughout country
American Bar Association 1999-2004
General Editor, International Lawyer Year-in-Review Project
American Society of International Law 2000-2006
Executive Council Member
2002 ASIL Annual Meeting Co-Chair
International Law Association, American Branch 2003-2006
Director of Studies
Executive Committee
Council on Foreign Relations 1998-2003
Term Member
Georgetown University 1998
Adjunct Professor, International Business Transactions