Directory Page Title

Linda Malone

Marshall-Wythe Foundation Professor of Law and Director, Human Rights and National Security Law Program

Degrees : LL.M., Illinois; J.D., Duke; B.A., Vassar
Email : [[lamalo]]
Phone : 757-221-3844

Areas of Specialization

Comparative Law--Middle Eastern and European; Comparative and Foreign Law; Criminal Law; Eminent Domain and Takings; Environmental Law; Human Rights; International Criminal Law; International Law; Land Use and Zoning; National Security Law; Transitional Justice; Women and the Law

Currently Teaching

Criminal Law; Environmental Law; Special Problems in International Law Seminar

Representative Professional Activities and Achievements

Linda A. Malone is the Marshall-Wythe Foundation Professor of Law and Director of the Human Rights and National Security Law Program at the College of William and Mary School of Law. She has been a Visiting Professor at the University of Virginia Law School, Washington and Lee Law School, Duke University, the University of Arizona, and University of Denver law schools, and has taught at the University of Illinois Law School and University of Arkansas Law School in Fayetteville. She is a member of the American Law Institute and the Environmental Commission of the World Conservation Union (IUCN), and serves on the Board of Directors for the International Society for the Reform of Criminal Law.

She is the author of numerous articles in a wide range of publications and has authored and co-authored twelve books on international law, human rights, and environmental law, most recently including Defending the Environment: Civil Society Strategies to Enforce International Environmental Law, published by Island Press. She has written law review articles, casebooks, treatises, study aids, university press books, mass-market publications, magazine and journal articles, and on-line publications. Her book, Environmental Regulation of Land Use, is the preeminent book in that field. She was also the Associate Editor of the Yearbook of International Environmental Law and has served on the Advisory Council to the National Enforcement Training Institute of the U.S. Environmental Protection Agency,Board of Visitors of Duke Law School, the Board of Directors of the American Agricultural Law Association, the Review Board of the Land Use and Environmental Law Review, and as chair of the agricultural law section of the American Association of Law Schools. She was a delegate to the United Nations Conference on the Environment and Development in Rio in 1992, co-counsel to Bosnia-Herzegovina in its genocide case against Serbia and Montenegro before the World Court, co-counsel to Paraguay in its challenge to the death penalty in Paraguay v. Virginia, and co-counsel for amicus in the Supreme Court in Padilla v. Rumsfeld and Hamdan v. Rumsfeld.

In 1998 she received the Fulbright/OSCE Regional Research Award for her work on women's and children's rights in Eastern Europe and in 2002 received a grant from the National Endowment for Humanities, State Department, and International Research and Exchange Board in continuance of her work. She received the Millenium Award of the Virginia Women's Bar Association in 2000, presented to a professor, judge, and a practitioner for their contributions to women's rights.

Professor Malone received her B.A. from Vassar, her J.D. from Duke, where she was Research and Managing Editor of the Duke Law Journal, and her LL.M. from the University of Illinois. Prior to joining the William and Mary faculty in 1988, she served as a law clerk for the Honorable Wilbur F. Pell, United States Court of Appeals for the Seventh Circuit, and practiced law in Chicago and Atlanta.

She recently served on the ABA's Special Subcommittee on the Rights of the Child, which is working on passage of the Convention on the Elimination of Discrimination Against Women and the Convention on the Rights of the Child, on two committees of the National Academy of Sciences, and is the author of the water quality chapter of the 2005 report of the Congressionally created U.S. Ocean Commission. She is also on the Board of Advisors of Karamah, a non-profit organization of Muslim woman lawyers for human rights. She is a frequent speaker locally, nationally, and internationally, and a frequent commentator for newspapers and other media outlets.


Scholarly Publications
Books
  • Emanual Law Outline: Public International Law (Aspen Publishers/Wolters Kluwer 2008).
  • Co-author, Criminal Law (LexisNexis 6th ed. 2008) (with J. Cook, P. Marcus, and G. Moohr).
  • Emanual Law Outline: Environmental Law (Wolters Kluwer 4th ed. 2007; Aspen 2003).
  • Co-author, Environmental Law, Policy, and Practice (Thomson West 2007) (with M. Tabb).
  • Co-author, Defending the Environment: Civil Society Strategies to Enforce International Environmental Law (Island Press rev'd ed. 2006; Transnat'l Publishers 2003) (with S. Pasternack).
  • Co-author, International law and Litigation in U.S. Courts (Thomson West 2d ed. 2005) (with J. Paust & J. Van Dyke).
  • Co-author, Analytical Methods and Approaches for Water Resources Project Planning (Nat'l Res. Council, Nat'l Acad. Sci. 2004) (Gregory B. Baecher et al.).
  • International Human Rights (Thomson West 2003).
  • Co-author, Bioavailability of Contaminants in Soils and Sediments: Processes, Tools , and Applications (Nat'l Res. Council, Nat'l Acad. Sci. 2003) (with Richard G. Luthy et al.).
  • Environmental Regulation Land Use (West 2000 and annual supplements).
  • Co-editor, Yearbook of International Environmental Law (Oxford Press 1991-1998).
  • Co-author, Environmental Law: Cases and Materials (Lexis 1992, 2d ed. 1998), with Teacher's Manual, 2d ed. (Lexis 1998) (with M. Tabb).
  • Environmental Law Selected Statutes and Regulations (West 1992; 2d ed. 1998).
  • Environmental Law (Emanuel 1997).
Book Revisions and Supplements
  • Co-author, Document Supplement, International Law and Litigation in the U.S. (2006) (with J. Paust & J. Van Dyke).
Articles
  • What Do Snowmobiles, Mercury Emissions, Greenhouse Gases, and Runoff Have in Common?: The Controversy over "Junk Science," 9 Chap. L. Rev. 365 (2006)
  • From Breard to Atkins to Malvo: Legal Incompentency and Human Rights Norms on the Fringes of the Death Penalty, 13 Wm. & Mary Bill Rts. J. 363 (2004).
  • The Myths and Truths that Ended the 2000 TMDL Program, 20 Pace Envtl. L. Rev. 63 (2003).
  • The Next Phase of Environmental Regulation of Agriculture, 7 Drake J. Agric. L. 341 (2002).
  • The Myths and Truths that Threaten the TMDL Program, 32 Envt'l L. Rep. 11133 (2002).
  • Co-author, Exercising Environmental Human Rights and Remedies in the United Nations System, 27 Wm. & Mary Envtl. L. & Pol'y Rev. 365 (2002) (with Scott Pasternack).
  • Bioavailability: On the Frontiers of Science and Law in Cleanup Methodologies for Contamination, 31 Envtl. L. Rep. 10800 (2001).
  • Seeking Reconciliation of Self-Determination, Territorial Integrity, and Humanitarian Intervention, 41 Wm. & Mary L. Rev. 1677 (2000).
  • The Appointment of General Yaron: Continuing Impunity for the Sabra and Shatilla Massacres, 32 Case W. Res. J. Int'l L. 287 (2000).
  • Protecting the Least Respected: The Girl Child and the Gender Bias of the Vienna Convention's Adoption and Reservation Regime, 3 Wm. & Mary J. Women & L. 1 (1998).
  • Beyond Bosnia and In re Kasinga: A Feminist Perspective on Recent Developments in Protecting Women from Sexual Violence, 14 B.U. Int'l L.J. 319 (1997).
  • Immigration--Refugee Act of 1980--Resistance to Female Circumcision as Grounds for Political Asylum in the United States, 91 Am. J. Int'l L. 140 (1997).
  • "Green Helmets": A Conceptual Framework for Security Council Authority in Environmental Disaster, 17 Mich. J. Int'l L. 515 (1996).
  • Discussion in the Security Council on Environmental Intervention in the Ukraine, 27 Loy. L.A. L. Rev. 893 (1994).
  • Reflections on the Jeffersonian Ideal of an Agrarian Democracy and the Emergence of an Agricultural/Environmental Ethic in the 1990 Farm Bill, 12 Stan. Envtl. L. Rev. 3 (1993).
  • The Necessary Interrelationship Between Land Use and Groundwater Preservation, 9 UCLA J. Envtl. L. & Pol'y 1 (1991).
  • The Coastal Zone Management Act and the Takings Clause in the 1990's: Making the Case for Federal Land Use to Preserve Coastal Areas, 62 U. Colo. L. Rev. 711 (1991).
  • The Renewed Concern Over Soil Erosion: The Current Federal Programs and Proposals, 10 J. Agric. Tax'n & L. 310 (1989).
  • Conservation at the Crossroads: Reauthorization of the 1985 Farm Bill Conservation Provisions, 8 Va. J. Envtl. L. 215 (1989).
  • The Chernobyl Accident: A Case Study in International Law Regulating State Responsibility for Transboundary Nuclear Pollution, 12 Colum. J. Envtl. L. 203 (1987).
  • Soil, Subsidies, and Sodbusting: An Historical Essay on the Conservation Provisions of the 1985 Farm Bill, 34 U. Kan. L. Rev. 577 (1986).
  • Sharon v. Time: "Full of Sound and Fury, Signifying Nothing," 3 Pal. Y.B. Int'l L. 41 (1986).
  • The Future of Transferable Development Rights in the Supreme Court, 73 Ky. L.J. 759 (1985).
  • The Kahan Report, Ariel Sharon and the Sabra-Shatilla Massacres in Lebanon: Responsibility Under International Law for Massacres of Civilian Populations, 1985 Utah L. Rev. 373.
  • Co-author, The Future of Defamation in Illinois After Colson v. Steig and Capski v. Copley Press, Inc., 32 DePaul L. Rev. 219 (1983) (with Rodney A. Smolla).
Book Chapters
  • Enforcing International Environmental Law through Domestic Law Mechanisms in the United States: Civil Society Initiatives against Global Warming, in Implementing Environmental Legislation: The Critical Role of Enforcement and Compliance (D. Qun, et al. eds., Cambridge Press forthcoming 2008).
  • Enforcing International Criminal Law Violations with Civil Remedies: The U.S. Alien Tort Claims Act in International Criminal Law (M. Cherif Bassiouni ed., in press Brill Publishers 3d ed. 2008).
  • Let Freedom Ring from Lookout Mountain, in Law Touched Our Hearts: A Generation Remembers Brown v. Board of Education (Mildred Robinson and Richard Bonnie eds., Vanderbilt University Press in press 2008).
  • The 2004 U.S. Ocean Report and Its Implications for Land Use Reform to Improve Water Quality, in Land Use Law for Sustainable Development 555 (N. Califour, et al. eds., Cambridge Press 2006).
  • The Effect of U.S. Ratification as a "Self-Executing" or as a "Non-Self-Executing" Treaty, in J. Todres, M. Wojcik, & C. Revaz, The United Nations Convention on the Rights of the Child: An Analysis of Treaty Provisions and Implications of U.S. Ratification 33 (Transnat'l Publishers 2006).
  • Co-author, Chapter 4, Ocean and Coastal Pollution from Land-based Sources, in An Ocean Blueprint for the 21st Century: Final Report of the U.S. Ocean Commission on Ocean Policy (2004), and Review of U.S. Ocean and Coastal Law: The Evolution of Ocean Governance Over Three Decades, in Appendix 6 (2005).
  • When Federal Initiatives Fail, in New Ground: The Advent of Local Environmental Law 123 (John Nolan ed., Envtl. L. Inst. 2003).
  • Takings Clause Issues in Coastal and Wetland Areas, in P. Nichols, Law of Eminent Domain (Matthew Bender 1994).
  • Coastal Zone Management, in P. Stever & E. Dolin, Environmental Law and Practice 11-1 (Clark Boardman 1992).
  • Critical Area Regulations, in 1991 Zoning and Planning Law Handbook 471 (Clark Boardman 1991).
  • Farmland Preservation, in A System for Advising Landowners, Farmers, Ranchers and Agribusiness (Ark. Bar Ass'n 1984).
Other
  • Acknowledging the Impact of Climate Change on National Security: A Long and Winding Road, ABA Homeland Security Newsletter 3 (May 2008).
  • Book Review, 29 Harvard Int. Rev. 80 (2007), Inventing Human Rights: A History.
  • Looking Beyond Environmental Law's Mid-Life Crisis, 23 Pace Envt'l L. Rev. 679 (2006).
  • Symposium Introduction, Women and War, 12 Wm. & Mary J. Women & L. 297 (2005).
  • The Legal Frontiers of Gender-Based Violence, Persecution, and Discrimination, 17 Lex Claudia 29 (2002).
  • The Conflict in the Middle East: "Post-Oslo Myth and Reality," 197-99 Center for Pol'y Analysis on Palestine (2001).
  • Press Information Note, Trying to Try Sharon, Middle East Report Online, Oct. 11, 2001, http://www.merip.org/mero/mero101101.html.
  • Book Review, Kosovo: How Myths and Truths Started a War, 22 Hous. J. Int’l L. 585 (2000).
  • "Compensation and Reparations" Report of the Rapporteur in "Reining in Impunity for International Crimes and Serious Violations of Fundamental Human Rights: Proceedings of the Siracusa Conference," 14 Nouvelles Études Pénales 395 (Érés 1999).
  • Co-author, Book Review, From Occupation to Interim Accords: Israel and the Palestinian Territories, 10 Palestine Y.B. Int'l L. 289 II (Centre for Islamic and Middle Eastern Law 1999) (with Shehadeh).
  • Contributor, Siracusa Guiding Principles for Combating Impunity for International Crimes (revised July 20, 1998).
  • Report for the United States, 8 Y.B. Int'l Envtl. L. 323 (1997).
  • Report for the United States, 7 Y.B. Int'l Envtl. L. 266 (1996).
  • Forgotten Victims, 1995 Wm. & Mary Law. 12.
  • Report for the United States, 6 Y.B. Int'l Envtl. L. 363 (1995).
  • Book Review, Principles of International Environmental Law, 6 Y.B. Int'l Envtl. L. 363 (1995).
  • Report for the United States, 5 Y.B. Int'l Envtl. L. 229 (1994).
  • Report for the United States, 4 Y.B. Int'l Envtl. L. 297 (1993).
  • Book Review, Law, Gender and Injustice, Trial, Dec. 1992, at 69.
  • Book Review, World Justice and Federal Courts and the International Human Rights Paradigm, 26 Int'l Law. 565 (1992).
  • Report for the United States, 3 Y.B. Int'l Envtl. Law 353 (1992).
  • The Conservation Provisions of the 1990 Farm Bill, 8 Agric. L. Update 4 (1991).
  • Swampbuster, Sodbuster, and Conservation Compliance Programs, 5 Agric. L. Update 4 (1988).
  • Book Review, The Law of War, 16 Denv. J. Int'l L. & Pol'y 429 (1988).
  • Final Rules on Swampbuster and Sodbuster Program, 5 Agric. L. Update 1 (1987).
  • Book Review, The Palestine Problem in International Law and Order, 41 Middle E. J. 296 (1987).
  • For Richer or Poorer, 'till Decree Do Us Part: A Spouse's Entitlement to Division of Pension Funds and Professional Degrees as Marital Property, 1985 Ark. L. Notes 73.
  • Conservation Issues: The 1985 Farm Bill Debate, 5 Agric. L. Update 1 (1985).
  • The Future of Transferable Development Rights in the Supreme Court, 2 Agric. L. Update 1 (1985).
  • Book Review, Armed Conflict in Lebanon 1982: Humanitarian Law in a Real World Setting, 4 Washington Report on Middle East Affairs 12 (July 15, 1985).
  • Human Rights in the Middle East: Review Article, 38 Middle E. J. 33 (1984).
  • The Kahan Report: Justice Denied, Arab-Am. U. Graduates, Inc. Newsl., July-Sept. 1984, at 1.
  • Book Review, The Bitter Year, 38 Middle E. J. 152 (1984).
  • Farmland Preservation, 1984 Ark. L. Notes 73.
  • The Availability in Arkansas of a First Appearance and Preliminary Hearing, 1983 Ark. L. Notes 41.