Skip Ribbon Commands
Skip to main content
Skip Navigation LinksHome > Faculty Biographies > Faculty Bio


Mortenson, Julian Davis

James G. Phillipp Professor of Law



E-mail jdmorten@umich.edu

Julian Davis Mortenson writes on constitutional and international law. His current book project—The Founders' President (under contract, Harvard University Press)—develops a comprehensive account of presidential power at the American Founding. He is also co-authoring a new constitutional law casebook, scheduled for publication by Foundation Press in 2020.

Professor Mortenson is an award-winning teacher and an active litigator. Representative constitutional matters include his work as lead counsel in a pre-Obergefell suit that required Michigan to recognize the marriages of more than 300 same-sex couples; his representation of discharged military service members challenging the "Don't Ask, Don't Tell" law; and his work as one of the principal drafters of the merits briefs in the landmark case Boumediene v. Bush, which secured the right of Guantanamo detainees to challenge their incarceration. He regularly litigates complex transnational matters in the U.S. courts, and has served as arbitrator, counsel, and expert witness in a wide variety of commercial and investor-state disputes.

Before joining the faculty, Professor Mortenson worked at the law firm WilmerHale, in the President's Office of the International Criminal Tribunal for the former Yugoslavia, and as a law clerk for both Justice David H. Souter and The Hon. J. Harvie Wilkinson III. Prior to law school, he was a management consultant with a client portfolio spanning the finance, manufacturing, oil and gas, and information technology industries. Professor Mortenson was salutatorian of his class at Stanford Law School and received an AB in history, summa cum laude, from Harvard College.

Recent Publications

More Publications...


"Travaux Préparatoires." In Max Planck Encyclopedia of International Law. Forthcoming, 2019.

"The Executive Power Clause." U. Pa. L. Rev. 167 (Forthcoming).
Full Text: SSRN

"Article II Vests Executive Power, Not the Royal Prerogative." Colum. L. Rev. 119, no. 5 (2019): 1169-272.
Full Text: MLaw Repository | Lexis | Westlaw | WWW

"International Investment Law." In Conceptual and Contextual Perspectives on the Modern Law of Treaties, edited by Michael J. Bowman and Dino Kritsiotis, 653-76. Cambridge: Cambridge University Press, 2018.
Full Text: SSRN

"Executive Power and National Security Power." Andrew Kent, co-author. In The Cambridge Companion to the United States Constitution, edited by Karen Orren and John Compton, 261-91. Cambridge: Cambridge University Press, 2018.
Full Text: Cambridge Core (UMich users) | Cambridge Core | SSRN

"Contemporary Practice of the United States Relating to International Law." Kristina Daugirdas, co-author. Am. J. Int'l L. 111, no. 1 (2017): 155-96.
Full Text: MLaw Repository | Lexis | Westlaw

"Contemporary Practice of the United States Relating to International Law." Kristina Daugirdas, co-author. Am. J. Int'l L. 111, no. 2 (2017): 476-537.
Full Text: MLaw Repository | Lexis | Westlaw

"Contemporary Practice of the United States Relating to International Law." Kristina Daugirdas, co-author. Am. J. Int'l L. 111, no. 3 (2017): 751-91.
Full Text: MLaw Repository | Lexis | Westlaw

"Contemporary Practice of the United States Relating to International Law." Kristina Daugirdas, co-author. Am. J. Int'l L. 111, no. 4 (2017): 1014-62.
Full Text: MLaw Repository

"Contemporary Practice of the United States Relating to International Law." Kristina Daugirdas, co-author. Am. J. Int'l L. 110, no. 1 (2016): 116-29.
Full Text: MLaw Repository | HEIN (UMich users) | HEIN | Lexis | Westlaw | JSTOR (UMich users) | JSTOR

"Contemporary Practice of the United States Relating to International Law." Kristina Daugirdas, co-author. Am. J. Int'l L. 110, no. 2 (2016): 346-89.
Full Text: MLaw Repository | HEIN (UMich users) | HEIN | Lexis | Westlaw | JSTOR (UMich users) | JSTOR

"Contemporary Practice of the United States Relating to International Law." Kristina Daugirdas, co-author. Am. J. Int'l L. 110, no. 3 (2016): 554-95.
Full Text: MLaw Repository | Lexis | JSTOR (UMich users) | JSTOR

"Contemporary Practice of the United States Relating to International Law." Kristina Daugirdas, co-author. Am. J. Int'l L. 110, no. 4 (2016): 788-833.
Full Text: MLaw Repository | HEIN (UMich users) | HEIN | Lexis | Westlaw
Professor

Activities

Presented "Assessing the New Executive Order on Immigration, Entry, and Refugees," University of Michigan Law School, January 2017.

Presented "Article II Vests Executive Power, not the Royal Prerogative," Public Law Workshop, University of Cambridge, December 2016.

Presented "Article II Vests Executive Power, not the Royal Prerogative," Clare Hall Colloquium, University of Cambridge, October 2016.

Moderator, "International Investment Law and the Tobacco Packaging Disputes," University of Cambridge, November 2016.

Presented "The Real Problem with Modern Customary International Law," University of Nottingham, November 2016.

Presented "LGBT Rights Litigation: The Process of Constitutional Change," University of Cambridge, October 2016.

Presented "Bank Markazi and the Separation of Powers," Fawley Workshop, University of Michigan Law School, June 2016.

Presented "Affirmative Action and the Historical Record," Federalist Society Forum, University of Michigan Law School, February 2016.

Presented "Employment Discrimination and LGBTQ Status: The Conceptual Framework," Michigan Employment Lawyer's Association, Northville, Michigan, February 2016.

Discussant, "International Economic Law," Federalist Society roundtable, Los Angeles, October 2015.

Presented "Tough Choices: The Work of Building a Life," Blue Jeans Lecture, University of Michigan Law School, November 2015.

Discussed "Marriage Equality, Employment Discrimination, and Other Developments in LGBTQ Law," Ambassador Roundtable, Detroit, Michigan, August 2015.

Presented "Zivotovsky: Round Two on Presidential Power," Fawley Workshop, University of Michigan Law School, June 2015.

Presented "Enforcing Hong Kong Arbitral Awards in Mainland China," Japan Arbitration Association, June 2015.

Presented "Snowflakes in a Blizzard: International Investment Law as a Treaty Regime," University of Tokyo Law School, June 2015..

Commentator, "EU Accession to the European Convention on Human Rights," University of Michigan Law School, April 2015.

Commentator, "The Rationality of Rational Basis Review," Federalist Society Forum, University of Michigan Law School, February 2015.