Comparative constitutional law is a thriving field of legal scholarship, and Chinese law is not doing badly either, at least if measured against the rest of comparative law. What is not thriving, however, is the intersection of the two. Scholarly attitudes toward China within the field of comparative constitutional law tend to range from benign neglect to deliberate aversion, the idea being apparently that authoritarian states have nothing worthy of the name “constitutional law” and liberal democracies therefore have nothing to learn from studying them. As Yueduan Wang's book Experimentalist Constitutions demonstrates, this neglect represents a loss for the fields of constitutional law and Chinese law alike, and constitutional law has much to gain from the study of China and authoritarian regimes more generally.
Contemporary regulation of artificial intelligence is dominated by a powerful intuition: that the risks posed by opaque machine learning systems can...
Tradition is most well known today for starring in blockbuster Supreme Court cases about controversial social issues, notably abortion and firearms...
The past decade has been one of rapid and sweeping changes in international politics and economics. Unlike international trade and investment, the...
Embedded in a recently decided Supreme Court case about Cuba and the Foreign Sovereign Immunities Act—Exxon Mobil v. Cimex—was a debate about the...
In recent years, “tradition” has been influentially invoked in constitutional rights adjudication and legal scholarship. The Supreme Court, in...
Constitutional law has a great deal to say about what symbols are permitted in the public square. Somewhat baroque legal rules (sometimes created...
This chapter examines singlehood as both a social status and a legal category, introduces a global analytical framework, and applies the “singles...
The U.S.-Iran war highlights the underappreciated national security benefits of China’s electrostate strategy.
News headlines regularly announce that...
In earlier work, I discussed historical understandings of the kinds of disputes that Congress can authorize nonjudicial actors to resolve and the...
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...
Contractual provisions come in and out of vogue, even in stultifyingly standardised financial instruments. The latest burst of creativity has been...
At points in American history, there have been significant, even massive shifts in constitutional understandings, doctrines, and practices. Apparently...
In a resort-to-force setting, what standard of care must a state follow when using AI to avoid international responsibility for a wrongful act? This...
Scholars regard the 1923 League of Nations experts’ report as the origin of the international tax system as we know it. The experts’ report noted the...
This Chapter discusses citizenship taxation as a potential solution to the challenges posed by increasing global mobility and the digitalization of...
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...