Linda A. Malone
Marshall-Wythe Foundation Professor of Law, Founding Director of the Human Security Law Center and LLM in American Legal Studies
Office phone: (757) 221-3844
Office location: Room 240
Areas of Specialization
Comparative Law--European Law; Comparative Law--Middle Eastern Law; Comparative and Foreign Law; Constitutional Law--Eminent Domain (Takings); Criminal Law; Environmental Law; Human Rights Law; International Criminal Law; International Law; Land Use and Zoning; National Security Law; Transitional Justice; Women and the Law; Natural Resources and Energy Law
Representative Professional Activities and Achievements
Linda A. Malone is the Marshall-Wythe Foundation Professor of Law and Founding Director of the Human Security Law Center 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 also 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, serves on the Board of Directors for the International Society for the Reform of Criminal Law, and was an original member of the Environmental Law Academy of the World Conservation Union (IUCN). In 2013 she taught as a Distinguished Scholar in International Environmental Law at Ocean University in Qingdao, China.
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. 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, has been the preeminent book in that field for over twenty years. 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 international criminal law section of the American Society of International Law and the agricultural law sections 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.
She received the 2009-2010 Fulbright Distinguished Chair in International Environmental Law at the University of Turin, Italy. 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, and received the 2015 Spirit of Vassar Award for her record of public service.
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 has 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 also served on the Board of Advisors of Karamah, a non-profit organization of Muslim woman lawyers for human rights, was the Co-chair of the International Criminal Law Section of the American Society of International Law from 2009-11, an Executive Board Member of the International Association of Penal Law with the American National Section 2005-7, and was a sponsor of the amendment to the Federal Rules of Criminal Procedure to require consular notice (adopted by the US Department of Justice in March, 2002-03).Professor Malone was a Visiting Professor at China University of Political Science and Law, Beijing, China in the summer 2014, a Visiting Fellow at Columbia Law School Center for Climate Change, New York, NY during the spring 2015, and was a Visiting Professor at Duke University School of Law, Durham, NC in the Spring of 2016. She is a frequent speaker locally, nationally, and internationally, and a frequent commentator for newspapers and other media outlets.
- International Environmental Law and World Resources (Thomson/Reuters forthcoming 2019).
- Emanuel Law Outlines: International Law (Aspen Publishers 2008) (2 revisions).
- Environmental Law, Policy, and Practice (Thomson West 2007) (with M. Tabb) (1 revision).
- Analytical Methods and Approaches for Water Resources Project Planning (Nat'l Res. Council, Nat'l. Acad. Sci. 2004) (with Gregory B. Baecher et al).
- 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.).
- Defending the Environment: Civil Society Strategies To Enforce International Environmental Law (Transnat'l Publishers 2003) (with Scott Pasternack) (1 revision).
- Emanuel Law Outline: Environmental Law (Aspen Publishers 2003) (3 revisions).
- International Human Rights (Thomson West 2003).
- International Law and Litigation in the U.S. Courts (Thomson West 2002) (with J. Paust & J. Van Dyke) (2 revisions).
- Criminal Law (LexisNexis 2000) (with J. Cook, P. Marcus & G. Moohr) (8 revisions).
- Yearbook of International Environmental Law (Oxford U. Press 1991- 1998).
- The Professor Series: Environmental Law (Emanuel Publishing Co. 1997).
- Environmental Law Selected Statutes & Regulations (West 1992) (1 revision).
- Environmental Law: Cases and Materials (Lexis 1992) (with M. Tabb) (2 revisions).
- Environmental Regulation of Land Use (West 1990) (annual supplements).
Book Revisions and Supplements
- Criminal Law (LexisNexis 8th ed. 2016) (with P. Marcus, G. Moohr & C. Drinan) [7th Edition 2013; 6th Edition 2009, 984 pp.; 5th Edition; 4th Edition; 3d Edition; 2d Edition].
- Emanuel Law Outline: International Law (Wolters Kluwer 3d ed. 2016) [2d Edition 2011, 1st Edition 2008].
- Environmental Regulation of Land Use (West 2016) (annual supplements) [2d Edition 2000; 1st Edition 1990].
- Emanuel Law Outline: Environmental Law (Wolters Kluwer 4th ed. 2014) [3d Edition 2011; 2d Edition 2007].
- International Human Rights (Thomas West 2d ed. 2012).
- Environmental Law, Policy, and Practice (Thomson West 2d ed. 2011) (with M. Tabb).
- International Law and Litigation in the U.S. Courts (Thomson West 3d ed. 2009) (with J. Paust & J. Van Dyke) [2d Edition 2005; 1st. Edition 2002].
- Defending the Environment: Civil Society Strategies To Enforce International Environmental Law (Island Press 2d ed. 2006) (with Scott Pasternack).
- Environmental Law Selected Statutes & Regulations (Michie/Lexis 2d ed. 1998).
- Environmental Law: Cases and Materials (Michie/Lexis 3d ed. 1998) (with M. Tabb) [2d Edition 1997, 1103 pp.].
- The Emperor’s New Clothes: The Variety of Stakeholders in Climate Change Regulation Assuming the Mantle of Federal and International Authority, 79 Ohio St. L. J. 705 (2018).
- The Waters of Antarctica: Do They Belong to Some States, No States, or All States?, 43 Wm. & Mary Envtl. L. & Pol'y Rev. 53 (2018).
- Too Ill to Be Killed: Mental and Physical Competency to Be Executed Pursuant to the Death Penalty, 51 Tex. Tech L. Rev. 147 (2018).
- The Death Knell for the Death Penalty and the Significance of Global Realism to its Abolition from Glossip v. Gross to Brumfield v. Cain, 11 Duke J. Const. L. & Pub. Pol'y 75 (2016). SSRN.
- Environmental Justice Reimagined Through Human Security and Post-Modern Ecological Feminism: A Neglected Perspective on Climate Change, 38 Fordham Int'l L. Rev. 1445 (2015). SSRN.
- Maturing Justice: Integrating the Convention on the Rights of the Child into the Judgments and Processes of the International Criminal Court, 43 Ga. J. Int'l & Comp. L. 599 (2015). SSRN.
- The Legal Dilemma of Guantanamo Detainees from Bush to Obama (Part 2), 23 Crim. L. F. 347 (2012).
- The Legal Dilemma of Guantanamo Detainees from Bush to Obama (Part 1), 21 Rivista di Studi Americani 32 (2011) (J. Italian Ass'n. Am. Studies).
- Is There Really a Difference Between Justification and Excuse (or Did We Academics Make It Up?), 42 Texas Tech. L. Rev. 321 (2009) (symposium article).
- What Do Snowmobiles, Mercury Emissions, Greenhouse Gases, and Runoff Have in Common? The Controversy over "Junk Science," 9 Chap. L. Rev. 365 (2006) (symposium article).
- From Breard to Atkins to Malvo: Legal Incompetency and Human Rights Norms on the Fringes of the Death Penalty, 13 Wm. & Mary Bill of Rts. J. 363 (2004).
- The Myths and Truths that Ended the 2000 TMDL Program, 20 Pace Envtl. L. Rev. 63 (2003).
- Exercising Environmental Human Rights and Remedies in the United Nations System, 27 Wm.& Mary Envtl. L. & Pol'y Rev. 365 (2002) (with Scott Pasternack).
- Recent Developments Concerning Environmental Law and Agriculture, 7 Drake J. Agric. L. 341 (2002) (symposium article). SSRN.
- The Myths and Truths that Threaten the TMDL Program, 32 Envtl. L. Rep. 11133 (2002).
- Bioavailability: On the Frontiers of Science and Law in Cleanup Methodologies for Contamination, 31 Envtl. L. Rep. 10800 (2001). SSRN.
- 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 Refugees 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 & the Emergence of an Agricultural/Environmental Ethic in the 1990 Farm Bill, 12 Stan. Envtl. L. Rev. 3 (1993).
- 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 Necessary Interrelationship Between Land Use and Groundwater Preservation, 9 UCLA J. Envtl. L. & Pol'y 1 (1991).
- Conservation at the Crossroads: Reauthorization of the 1985 Farm Bill Conservation Provisions, 8 Va. Envtl. L.J. 215 (1989).
- The Renewed Concern Over Soil Erosion: The Current Federal Programs and Proposals, 10 J. Agric. Tax'n. & L. 310 (1989).
- The Chernobyl Accident: A Case Study in International Law Regulating State Responsibility for Transboundary Nuclear Pollution, 12 Colum. J. Envtl. L. 203 (1987).
- Sharon v. Time: "Full of Sound and Fury, Signifying Nothing," 3 Pal. Y.B. Int'l L. 41 (1986).
- Soil, Subsidies, and Sodbusting: An Historical Essay on the Conservation Provisions of the 1985 Farm Bill, 34 Kan. L. Rev. 577 (1986).
- The Future of Transferable Development Rights in the Supreme Court, 73 Ky. L.J. 759 (1985) (symposium article).
- The Future of Transferable Development Rights in the Supreme Court, 2 Agric. L. Update 1 (1985).
- The Kahan Report, Ariel Sharon, and the Sabra/Shatilla Massacres in Lebanon: Responsibility under International Law for Massacres of Civilian Populations, Utah L. Rev. 373 (1985).
- The Future of Defamation in Illinois After Colson v. Steig and Capski v. Copley Press, Inc., 32 DePaul L. Rev. 219 (1983) (with R. A. Smolla).
- International Environmental Law in U.S. Courts, in ASIL Judicial Benchbook on International Law (Diane Amman ed. 2015) (with Anastasia Telesetsky). Online.
- Human Security and Military Preparedness, in The Law of Adaptation to Climate Change U.S. and International Aspects (M. Gerrard & K. Kuh, eds., American Bar Association 2012).
- Enforcing International Environmental Law Through Domestic Law Mechanisms in the United States: Civil Society Initiatives against Global Warming, in Compliance and Enforcement in Environmental Law: Toward More Effective Implementation (D. Qun et al., eds., Edward Elgar Press 2011).
- Let Freedom Ring from Lookout Mountain, in Law Touched Our Hearts: A Generation Remembers Brown v. Board of Education (Mildred Robinson & Richard Bonnie eds., Vanderbilt U. Press 2009).
- Enforcing International Criminal Law Violations with Civil Remedies: The U.S. Alien Tort Claims Act , in International Criminal Law (Bassiouni, Brill Publishers 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 (N. Chalifour 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 U.N. Convention on the Rights of the Child: An Analysis of Treaty Provisions & Implications of U.S. Ratification (Transnat'l Publishers 2006).
- 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)). Online.
- 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 & Practice 11-1 (Clark Boardman 1992).
- Critical Area Regulations, in K. Young, 1991 Zoning & Planning Law Handbook (Clark Boardman 1991).
- Farmland Preservation, in A System for Advising Landowners, Farmers, Ranchers and Agribusiness (Ark. Bar Ass'n 1984).
- Women and International Environmental Law, IUCN Academy of Environmental Law (2014) (with Kang He). Online.
- Women, Climate Justice and International Environmental Law, IUCN Academy of Environmental Law (2014) (with Kang He). Online.
- 105 Am. J. Int'l L. 848 (2011) (reviewing Fact Finding Without Facts: The Uncertain Evidentiary Foundations of International Criminal Convictions) (book review).
- The Responsiblity to Protect from Libya to Japan, IntLawGrrls, Apr. 4, 2011. Online.
- The Responsibility to Protect Haiti, 14 ASIL Insight 1 (2010). Online.
- Green Helmets: Eco-Intervention in the Twenty-First Century, 103 ASIL Proc. 19 (2009). Online.
- Acknowledging the Impact of Climate Change on National Security: A Long & Winding Road, A.B.A. Homeland Sec. Newsl., May 2008, at 3.
- Dark Ages of Human Rights, 29 Harv. Int'l Rev. 80 (2007) (reviewing Lynn Hunt's Inventing Human Rights: A History (2004)) (book review).
- Looking Beyond Environmental Law's Mid-Life Crisis, 23 Pace Envtl. L. Rev. 679 (2006).
- Women and War, 12 Wm. & Mary J. Women & L. 297 (2006) (symposium article).
- The Legal Frontiers of Gender-Based Violence, Persecution, & Discrimination, 17 Lex Claudia 29 (2002).
- The Conflict in the Middle East, Post-Oslo Myth & Reality , Center for Policy Analysis on Palestine 197 (2001).
- Trying to Try Sharon, Middle East Report Online, Oct. 11, 2001. Online.
- Kosovo: How Myths and Truths Started a War, 22 Hous. J. Int'l L. 585 (2000) (book review).
- "Compensation & 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 Etudes Penales 395 , Eres (1999) (special rapporteur's report).
- From Occupation To Interim Accords: Israel & The Palestinian Territories, 10 Palestine Y.B. Int'l L. 289 II (1999) (with Shehadeh) (Centre for Islamic and Middle Eastern Law) (book review.
- Siracusa Guiding Principles for Combating Impunity for International Crimes, (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, Wm. & Mary Law. 12 (1995).
- Principles of International Environmental Law, 6 Y.B. Int'l Envtl. L. 363 (1995) (book review).
- Report for the United States, 6 Y.B. Int'l Envtl. L. 363 (1995).
- Report for the United States, 5 Y.B. Int'l Envtl. L. 299 (1994).
- Report for the United States, 4 Y.B. Int'l Envt'l. L. 297 (1993).
- Law, Gender and Injustice, Trial, Dec. 1992, at 69 (book review).
- 26 Int'l. Law. 565 (1992) (reviewing World Justice and Federal Courts and the International Human Rights Paradigm and World Justice? U.S. Courts and International Human Rights) (book review).
- Report for the United States, 3 Y.B. Int'l Envtl. L. 353 (1992).
- The Conservation Provisions of the 1990 Farm Bill, 8 Agric. L. Update 4 (1991).
- Swampbuster, Sodbuster, & Conservation Compliance Programs, 5 Agric. L. Update 4 (1988).
- The Law of War, 16 Denv. J. Int'l L. & Pol'y 429 (1988) (book review).
- Final Rules on Swampbuster and Sodbuster Program, 5 Agric. L. Update 1 (1987).
- The Palestine Problem in International Law and Order, 41 Middle East J. 296 (1987) (book review).
- Conservation Issues: The 1985 Farm Bill Debate, 5 Agric. L. Update 1 (1985).
- 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 47 (1985).
- Armed Conflict In Lebanon 1982: Humanitarian Law In A Real World Setting, 4 Wash. Rep. Middle East Aff. 12 (1985) (book review).
- Farmland Preservation, Ark. L. Notes 73 (1984).
- Human Rights in the Middle East: Review Article, 38 Middle East J. 33 (1984).
- The Bitter Year, 38 Middle East J. 152 (1984) (book review).
- The Kahan Report: Justice Denied, Ass'n. Arab-Am. U. Graduates, Inc. Newsl., July 1984, at 7.
- The Availability in Arkansas of a First Appearance and Preliminary Hearing, ___ Ark. L. Notes 41 (1983).