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...

Major Questions about International Agreements

Kristen Eichensehr

Oona A. Hathaway

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

Contractual Howlers: A Russian Bond Case Study

G. Mitu Gulati

Robert Scott

Stephen Choi

Both theorists and courts commonly assume that high-dollar financial contracts between sophisticated parties are free of linguistic errors...

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...

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...

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...

The Work of the American Law Institute in Historical Context

Kenneth S. Abraham

G. Edward White

This chapter examines the intellectual and social contexts in which the American Law Institute (ALI) has operated and how they have influenced the...

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...

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...

"Charlottesville" as Legal History

Risa Goluboff

offers a preliminary legal history of the white supremacist and anti-Semitic violence that took place in my hometown of Charlottesville, Virginia on...

Marry the Domestic and the International

Paul B. Stephan

The roots of this book run through an article in this Journal almost forty years ago. Professor Iwasawa, as he was then, came to the University of...

Why Can’t We Take Secession Seriously?

Cynthia L. Nicoletti

Sandy Levinson has always taken secession arguments seriously. This is, in my eyes, one of his great virtues. There are very few scholars who would be...

Year Ahead - The Hurdles to International Regulation of AI Tools

Ashley S. Deeks

In 2023, non-governmental organizations such as Human Rights Watch and Stop Killer Robots will continue their calls for a new international legal...

Transnational Civil Litigation

Joachim Zekoll

Michael G. Collins

George Rutherglen

This casebook addresses the global dimension of civil procedure, and the conflicts that American law gives rise to in cross-border litigation...

Big Data and the Law of War

Paul B. Stephan

If big data is a resource and therefore a potential target of armed conflict, what kinds of attacks justify an armed response and what are the rules...

The Legitimacy of International Law

Paul B. Stephan

Assessing the legitimacy of any legal system is hard, but especially if the system in question is the volatile and contested field of international...

Rethinking the WTO - A Tribute to Bob Lutz

Paul B. Stephan

Over the last thirty years, almost every time I stepped out of my narrow academic path to do something that, I hoped, was for the greater public good...