This chapter examines national security implications in cross-border mergers and acquisitions (M&A) transactions. It details the rise in prominence of...
The U.S.-Iran war highlights the underappreciated national security benefits of China’s electrostate strategy.
News headlines regularly announce that...
Although the U.S. Constitution is widely described as lacking enforceable social rights, a recent line of cases from the Ninth Circuit recognizes a...
After an impatient wait, the U.S. Supreme Court finally handed down its opinion in Learning Resources, Inc. v. Trump, the tariffs case, on Friday, Feb...
At points in American history, there have been significant, even massive shifts in constitutional understandings, doctrines, and practices. Apparently...
Many disdain the use of consequences in legal interpretation. Yet it turns out that interpreters have long used consequences, particularly...
In the name of national security, the Trump administration has taken a stake in Intel, acquired a “golden share” in U.S. Steel, obtained equity stakes...
The Department of Defense's struggles to obtain repair rights from private contractors have reached crisis levels, with military personnel facing...
Article II of the Constitution says that “[t]he executive Power shall be vested in a President of the United States of America.” Of course, the...
Until he joined the U.S. government in 1934, Robert H. Jackson had been a lawyer in private practice in Upstate New York who was admitted to the bar...
Earlier this year, President Donald Trump suggested that there could be “an interesting problem” with the Treasury market that would justify non...
Few constitutional issues have been as significant to the first 100 days of the second Trump Administration as the question whether the President may...
Constitutional scholars have long observed that the term “constitutional crisis” is overused. Pundits and scholars routinely use it to describe...
We are living in a dangerous inverted world. Abusers claim the mantle of victimhood while pummeling their victims with abuse. Would-be authoritarians...
A distinct set of six institutions and traditions makes the country hard to subjugate to an authoritarian’s will.
For the over half-million people currently homeless in the United States, the U.S. Constitution has historically provided little help: it is strongly...
Trump v. United States’s discovery of broad immunity has rendered the presidency more imperial and unaccountable. This Article tackles four questions...
Comparative constitutional law is a thriving field of legal scholarship, and Chinese law is not doing badly either, at least if measured against the...