The per se rule against specific enforcement of personal service contracts is well established under Anglo-American contract law. At the same time...
History and precedent tell us that the just compensation requirement has been implemented by a complex network of remedies providing multiple avenues...
At the heart of national security decisions lies a paradox: these decisions are among the most consequential a government can make, but often the...
The use of autonomy to initiate force, which states may begin to view as necessary to protect against hypersonic attacks and other forms of ‘hyperwar...
An upcoming Supreme Court case on Article III standing and disability presents critical questions about the future of litigation that promotes...
En række amerikanske præsidentkandidater og kongresmedlemmer er i de sidste år begyndt at argumentere for, at USA burde lancere militære angreb mod...
Three established torts require the defendant’s behavior to be “offensive” or “highly offensive” in order to be actionable: offensive battery, public...
This paper, prepared for the 2023 Clifford Symposium on “New Torts” at DePaul Law School, addresses the tort of offensive battery. This is an ancient...
A resilience agenda is an essential part of protecting national security in a digital age. Digital technologies impact nearly all aspects of everyday...
In an era defined by partisan rifts and government gridlock, many celebrate the rare issues that prompt bipartisan consensus. But extreme consensus...
It has long been said that the common law "works itself pure" But in the law of torts, not always. This Article reveals and analyzes the...
The idea of institutionalism figures prominently in today’s debates about the role of federal courts in American democracy. For example, Chief Justice...
The President sometimes delegates important constitutional and statutory powers to use force or conduct other national security operations. Although...
In New York Times v. Sullivan (1964), the Supreme Court began adopting First Amendment restrictions on liability for defamation and other speech torts...
Long lines inside Bodo’s Bagels, congestion on Emmet Street and a seemingly endless stream of runners and scooters zooming past your car in early...
