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...

Public-Law Litigation at a Crossroads: Article III Standing and 'Tester' Plaintiffs

Rachel Bayefsky

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

The REPO Act: Confiscating Russian State Assets and Ukrainian Reparations

Lee C. Buchheit

Paul B. Stephan

The bill proposes a flawed and possibly unconstitutional reparations program and needs to be reworked to give Ukraine some chance at a viable post-war...

Can Congress Bar Fully Autonomous Nuclear Command and Control?

Ashley S. Deeks

Matthew Waxman

Congress may want to prevent nuclear command and control from going fully autonomous. Would such a law be constitutional?

Bad Faith Prosecution

Ann Woolhandler

Michael G. Collins

Jonathan Remy Nash

In our increasingly polarized society, claims that prosecutions are politically motivated, racially motivated, or just plain arbitrary are more common...

Tax Competition and State Aid

Ruth Mason

At the inception of a new and potentially transformative type of tax enforcement, this Article reviews the goals underlying the prohibition on state...

Separation-of-Powers Avoidance

Payvand Ahdout

When federal judges are called on to adjudicate separation-of-powers disputes, they are not mere arbiters of the separation of powers. By resolving a...

How Do We Express Our Outrage at Russia?

Paul B. Stephan

Since Russia invaded Ukraine in 2022, the United States and its allies have searched for the best way to express their horror and dismay. At the level...

Religion as Disobedience

Xiao Wang

Religion today offers plaintiffs a ready path to disobey laws without consequence. Examples of such disobedience abound. In the past few years alone...

We Have Only Begun to Fight

Kimberly J. Robinson

This story begins with one parent who took his demands for equal educational opportunity for his children all the way to the highest court of our land...

It’s Time to Abandon (or Closely Monitor) Judicial Life Tenure

Life tenure for the federal judiciary doesn’t promote judicial independence or the development of law as the Framers expected, and should be repealed...

Animus and Its Distortion of the Past

Joy Milligan

Do legal concepts alter how we understand the past and present? The jurisprudence of race suggests that they do. For several decades, federal courts...

How Federal Judges Made a Political Game Out of Taking Senior Status

A new study shows that lower court judges, and especially conservatives, are using senior status as a loophole to ensure their replacement by a like...

National Security AI and the Hurdles to International Regulation

Ashley S. Deeks

States are increasingly turning to artificial intelligence systems to enhance their national security decision-making. The real risks that states will...

Public Rights and Taxation: A Brief Response to Professor Parrillo

Ann Woolhandler

A division exists between scholars who claim that Congress made only limited delegations to executive officials in the early Republic, and those who...

The World Crisis and International Law: The Knowledge Economy and the Battle for the Future

Paul B. Stephan

The knowledge economy, a seeming wonder for the world, has caused unintended harms that threaten peace and prosperity and undo international...

National Security Creep in Corporate Transactions

Kristen Eichensehr

Cathy Hwang

National security review of corporate transactions has long been a relatively sleepy corner of regulatory policy. But as governments merge economic...

FOSTA's Mess

Danielle K. Citron

Quinta Jurecic

In 2018, Congress rightly highlighted the problem of sex trafficking, which is a moral abomination and vicious scourge. It condemned sites like...