International Law

Generative AI (e.g., Generative Adversarial Networks - GANs) has become increasingly popular in recent years. However, Generative AI introduces significant concerns regarding the protection of Intellectual Property Rights (IPR) (resp. model accountability) pertaining to images (resp. toxic images) and models...

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...

The legal and ethical issues that confront society due to Artificial Intelligence (AI) include privacy and surveillance, bias or discrimination, and potentially the philosophical challenge is the role of human judgment. Concerns about newer digital technologies becoming a new source...

Introduction Contestation over methodology remains an enduring friction point in the discourse on the Takings Clause. For decades, the Supreme Court’s takings jurisprudence has vacillated between categorical, per se reasoning and contextual, ad hoc inquiries into what fairness and justice...

The American Law Institute is set to release a first ever Restatement of the Law in the area of Children and the Law to address the increasingly convoluted treatment of children across legal systems.[1] Children’s rights scholars have long critiqued...

Introduction Modern society faces a paradox: While corporations can be useful engines of innovation and value creation, they increasingly operate as vectors for profound public harm beyond the reach of public regulation. The “economic and human tolls,” experts note, “almost...

Introduction The United States patent system is commonly justified by its provision of economic incentives for innovation.[1] But this justification comes with constant concern that the social benefits of innovation that the patent system stimulates might not outweigh the sum...

Introduction At the core of intellectual property (IP) law lies a fundamental question of political philosophy: Can any argument justify the state’s grant of private property rights in intangibles?[1] To this question, scholars have responded that IP rights can be...

Introduction For more than 40 years, the Federal Circuit required courts evaluating whether a claimed design was obvious to use a rigid and narrow set of criteria that were disconnected from design practice and almost invariably led courts to the...

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...