International Law

By Hans Frank-Holzner, Volume 108 Staff Member On January 8, 2024, the Supreme Court heard oral arguments in Campos-Chaves v. Garland,[1] a consolidation of three immigration cases concerning the statutory notice requirements the government must meet before it can order...

By: Alyssa Shaw, Volume 109 Staff Member If the progress towards closing the gender wage gap continues on the trends of the last few years, women will not be compensated equally to men until at least 2067—over a century after...

In an increasingly technological, interconnected, and digital world, advancements in technology pose significant legal challenges. “Grey zone” conflicts—such as in cyber warfare, election interference, political subversion, and proxy wars—share a common characteristic: exploiting gaps in international law. These conflicts allow...

As the coronavirus spreads across the United States, so does an info-demic of dangerous misinformation threatening public health. UN Secretary-General António Guterres characterized this misinfo-demic as a “secondary disease” that needlessly threatens public health, observing that “[h]armful health advice and...

As the world turns to strategies to stave off the worst effects of the novel coronavirus, now is the time to double down on our commitment to democracy. States around the country are pushing back primary and runoff elections in...

Sarah Best introduced herself to me in July 2019. She had worked that summer in the General Counsel’s Office at the U.S. Department of Education, and in the course of researching the application of the Indian-law canons of construction to...

Modern textualism has long criticized the use of practical, or consequentialist, reasoning when construing statutes. And yet in practice, textualist jurists long have invoked practical consequences arguments to help justify their statutory constructions.The postPractical Consequences in Statutory Interpretationappeared first onHarvard...

On March 15, 2025, the White House announced that President Trump had invoked an eighteenth-century wartime authority to order the summary removal of noncitizens who were believed to be members of the Venezuelan gang Tren de Aragua.Proclamation No. 10,903, 90...

view Abstract Citations (9701) References (43) Co-Reads Similar Papers Volume Content Graphics Metrics Export Citation NASA/ADS The Relationship between Infrared, Optical, and Ultraviolet Extinction Cardelli, Jason A. ; Clayton, Geoffrey C. ; Mathis, John S. Abstract The parameterized extinction data...

The Supreme Court’s recent embrace of “historical practices and understandings” in interpreting the Establishment Clause has emboldened states to challenge forty-five years of precedent prohibiting Ten Commandments displays in public schools. Yet, these states advance…The postTen Commandments Cases: Learning from...

New Deal Law and Order: How the War on Crime Built the Modern Liberal State. By Anthony Gregory. Harvard University Press. 2024. Pp. 473. $45. Introduction A vast body of scholarship situates itself in the…The postWhat’s Left of the New...

With some frequency, courts wrestle with whether litigants can appeal after dismissal without prejudice. But there is no helpful general rule to answer this question. That’s because the without-prejudice designation is more or less irrelevant…The postThere Is No Helpful General...

This essay examines the judicial aftermath of Food Marketing Institute v. Argus Leader Media, a controversial 2019 Supreme Court decision that broadened the Freedom of Information Act (FOIA) exemption for trade secrets and confidential commercial…The postNarrowing FOIA’s Exemption for Business...

Introduction Following the Trump administration’s significant reshaping of the federal judiciary and a number of blockbuster Supreme Court cases during the October 2021 and October 2022 Terms, environmental law is shifting rapidly toward a more…The postThe Jurisprudence of Justice Gorsuch...

Introduction I see the sun, and if I don’t see the sun, I know it’s there. And there’s a whole life in that, in knowing that the sun is there. —Fyodor Dostoevsky The time to…The postPricing Solar Development Optionsappeared first...

In Loper Bright v. Raimondo, the Supreme Court adopted and deployed a particular narrative about agency action in support of overruling Chevron: Agencies reverse their own statutory interpretations “as much as [they] like[],” creating pervasive instability in the law, thereby...

Agency rulemakings are a critical component of contemporary governance. This Article argues that there are a distinct set of modalities that characterize how agencies formulate and justify their rules. Just as the well-known modalities of constitutional interpretation capture the norms...

In overturning Chevron, the Supreme Court’s Loper Bright decision clearly changed the way in which courts must approach judicial review of agency actions interpreting statutes. But Loper Bright stopped well short of declaring that courts should always ignore agency interpretations...

Introduction The first few scenes of the Trump presidency sequel have been action-packed. The White House’s news-getting activity has triggered similarly newsworthy happenings in the federal courts. Lower courts have put temporary halts on executive actions relating to DEI programs,[1]...

Introduction Guns play a variety of roles in American life—as tools of crime and self-defense, political symbols, markers of individual identity, instruments of recreation, and more. But at the most basic level, guns are a technology designed to inflict violence,...

Introduction In cities across America, Real-Time Crime Centers monitor the streets.[1] Surveillance cameras feed video monitors, sensors alert to unusual activities, automated license plate readers scan passing cars, gunshot detection systems report loud sounds, and community-aided dispatch calls animate a...

Introduction American consumers are racking up credit card debt like never before.[1] Despite “rising wages and a low unemployment rate,” delinquencies are on the rise[2] and increasing at a rate unrivaled since the 2008 financial crisis.[3] And while lower income...

Introduction Since the nation’s founding, major political parties have clashed over the rules that govern our elections.[1] The intensity of these conflicts has fluctuated, with some periods marked by subdued disputes and others by fierce legislative battles and litigation. Over...

Courts and the law are playing an increasingly important political role. Courts are redefining public policies decided by representative authorities, and citizens are using the law and rights-framed discourses as political tools to address private and social demands, as well...

Abstract This paper examines racial discrimination and algorithmic bias in predictive policing algorithms (PPAs), an emerging technology designed to predict threats and suggest solutions in law enforcement. We first describe what discrimination is in a case study of Chicago’s PPA....

Abstract Artificial intelligence (AI) has an important role in digital transformation worldwide, including in Indonesia. AI itself is a simulation of human intelligence that is modeled in machines and programmed to think like humans. At the time AI and the...