Is Access to Fable an Export?
On June 12, the Commerce Department directed Anthropic to deny foreign nationals access to its Fable 5 and Mythos 5 models, regardless of where...
Blog Essays
IEEPA Overextension and the First Amendment
On May 13, 2026, Judge Leon of the D.C. District Court temporarily enjoined on First Amendment grounds U.S. financial sanctions and travel restrictions against...
The Second Amendment’s Liberal Moment
The Second Amendment was designed to protect the people and the states from a tyrannical and unrepresentative central government. Excavating this history today is...
From Destruction to Construction: The Case for a New Congressional Review Act
Congress doesn’t do anything anymore. Despite Republican control of the House, the Senate, and the presidency, Congress seems to be fading into the background of the current political landscape. At the...
Systemic Prioritization in Negotiation and the Law
I. Introduction Negotiation lies at the heart of legal practice — yet even highly trained negotiators regularly reach suboptimal agreements. This problem is widespread....
Intermediary Choice and the Structural Logic of Title VII’s But-For Test
West Virginia v. B.P.J., now before the Supreme Court, raises a question that lower courts are already struggling to answer. During oral argument, Chief...
United States v. Heppner
Fitting new technology to old doctrine is a perennial challenge for courts. Today, that technology is generative artificial intelligence (AI), and those doctrines now...
Discretion to Declare: The Notwithstanding Clause and the Democratic Function of the Canadian Courts
I. Introduction The Notwithstanding Clause of the Canadian Charter of Rights and Freedoms is a constitutional innovation (albeit colored by historical statutory analogues) first...
Anticipatory Deregulation and the Endangerment Rescission
On February 12, 2026, the Environmental Protection Agency promulgated a final rule rescinding its finding that greenhouse gases (GHGs) endanger public health and welfare....
An International Duty to Regulate Greenhouse Gas Emissions Under the Clean Air Act
EPA’s authority to regulate greenhouse gas emissions is in peril. On the first day of his second term, President Trump issued an executive order...