The Waning of the Federal Common Law of Foreign Relations

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

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...

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

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...

In this article, we examine the relations between risk, the choice of foreign or local contract terms (parameters), and maturity in the sovereign debt...

In this article, we examine the relations between risk, the choice of foreign or local contract terms (parameters), and maturity in the sovereign debt...

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

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...

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

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...

Ethnographic approaches are not as widely practiced among constitutional scholars as they probably should be. Some may harbor perfectly reasonable...

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

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

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

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...

Over the past year, a range of presidential candidates and members of Congress have argued that the United States might benefit from conducting...

In the years since the publication of our book, How Constitutional Rights Matter, many scholars from around the world have engaged with our research...