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...
Foreign Affairs
Major Questions Doctrine, Foreign Affairs, and the New Economic Statecraft
Vol. 139 No. 8
Over the past decade, economic intervention by the executive branch in the name of national security has become increasingly salient. It has also taken...
Federalism and the New National Security
Vol. 139 No. 2
U.S. states traditionally play a minor role in establishing national security policies, which generally fall within the federal government’s remit. But the return of great power competition with China and Russia and the accompanying proliferation of threats have spurred states to act on national security concerns.
Fuld v. Palestine Liberation Organization
Vol. 139 No. 1
Academic commentators agree on little when it comes to personal jurisdiction. But “the one point of consensus is that Supreme Court personal jurisdiction doctrine...
Requiem for a Heavyweight: Nondelegation, Presidential Intelligence, and Covert Action
Vol. 138 No. 2
Despite long being heralded for its “one good year,” the nondelegation doctrine may be yet far from its final requiem: Recent opinions by Supreme...
The Anti-Regulation Quartet and Internationally Informed Regulation
Two terms ago, the Supreme Court delivered the Major Questions Quartet. This term produced what commentators widely view as the Anti-Regulation Quartet. The Supreme...
Colindres v.
United States Department of State
D.C. Circuit Defers to Consulate's Visa Denial.
Vol. 137 No. 7
Exec. Order No. 14,105
Executive Order Restricts U.S. Outbound Investment into Sensitive Technology Sectors in China.
Vol. 137 No. 5
Turkiye Halk Bankasi A.S. v. United States
Vol. 137 No. 1
Under international law, the principle of foreign sovereign immunity is derived from the proposition that “one country cannot exercise jurisdiction over another without violating...
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