Separation of Powers in Foreign Policy: Do We Have an Imperial Congress?

For the over half-million people currently homeless in the United States, the U.S. Constitution has historically provided little help: it is strongly...

Gradualism should have won out in Dobbs v. Jackson Women’s Health, exerting gravitational influence on the majority and dissenters alike. In general...

En række amerikanske præsidentkandidater og kongresmedlemmer er i de sidste år begyndt at argumentere for, at USA burde lancere militære angreb mod...

Today, legal culture is shaped by One Big Question: should courts, particularly the US Supreme Court, have a lot of power? This question is affecting...

On December 15, 2023, the U.S. Court of Appeals for the Fifth Circuit issued its decision in Illumina, Inc. v. FTC. Although the court vacated and...

On January 17, the Supreme Court heard arguments in what are potentially the most significant commercial law cases of the last decade.  In the...

Lenders are perfectly free to decide for themselves whether, when, how, to whom and on what terms they will extend credit to a sovereign borrower. But...

Constitutional review is the power of a body, usually a court, to assess whether law or government action complies with the constitution. Originating...

An upcoming Supreme Court case on Article III standing and disability presents critical questions about the future of litigation that promotes...

The Supreme Court’s recent expansion of the major questions doctrine has rocked administrative law, throwing into doubt executive agencies’ statutory...

A resilience agenda is an essential part of protecting national security in a digital age. Digital technologies impact nearly all aspects of everyday...

There is a live debate going on over whether antitrust should take a broader view of the economics of market concentration. When antitrust reformers...

During times of crisis, governments often consider policies that may promote safety, but that would require overstepping constitutionally protected...

This casebook aspires to help students understand and think systematically about the techniques of statutory interpretation. It blends exposition with...

The United States has granted reparations for a variety of historical injustices, from imprisonment of Japanese Americans during the Second World War...

This Article develops a new way of understanding the law in order to address contemporary debates about judicial practice and reform. The...

Countries hit by unexpected crises often look to their overseas diasporas for assistance. Some countries have tapped into this generosity of their...

In an era defined by partisan rifts and government gridlock, many celebrate the rare issues that prompt bipartisan consensus. But extreme consensus...