In re Section 301 Cases
Court of International Trade Holds that the APA's Foreign Affairs Exemption Does Not Extend to Tariffs Imposed Under Section 301 of the Trade Act.
Vol. 136 No. 7
Foreign Affairs
Torres v. Texas Department of Public Safety
Vol. 136 No. 1
In the words of Justice Kagan, the Supreme Court’s state “sovereign immunity decisions have not followed a straight line.” The Court’s first foray into...
Torture in Our Schools?
Vol. 135 No. 8
Nothing can fix what that day broke inside of me and in every child in that school. My biggest fear walking into school every...
Extraterritorial Avoidance Actions Under the U.S. Bankruptcy Code
Vol. 135 No. 8
Absent a “clear indication” to the contrary, federal law applies “only within the territorial jurisdiction of the United States.” This rule, known as the...
United States v. Pangang Group Co.
Ninth Circuit Holds that Certain Chinese State-Owned Companies Are Not Foreign "Instrumentalities" and Thus Lack Immunity Under the FSIA from Criminal Prosecution
Vol. 135 No. 6
The Promise and Perils of Carbon Tariffs
Chapter Five
Vol. 135 No. 6
Federal Republic of Germany v. Philipp
Vol. 135 No. 1
The United States has led the world in providing Holocaust victims with a forum for restitution. Over the decades, Congress and the courts have...
Making Immigration Law
Vol. 134 No. 8
Introduction Every scholar, writer, and observer must strive constantly to balance knowing something very well and not letting that knowledge be so confining that...
Nondelegation’s Unprincipled Foreign Affairs Exceptionalism
Vol. 134 No. 3
In their efforts to restrain the administrative state, the Supreme Court’s conservative Justices face a quandary: The source of administrative agencies’ power — statutory...
The “Prudential Exhaustion” Doctrine in Transnational Litigation in U.S. Courts
Vol. 134 No. 2
“As a moth is drawn to the light, so is a litigant drawn to the United States.” In 1983, when the British judge Lord...