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The Political Question Doctrine and International Law

February 3, 2023 | U.S. Foreign Relations Law

This essay documents how the political question doctrine, in part, has allowed the political branches, rather than the courts, to make determinations about this country’s – and other countries’ – rights and responsibilities under international law.

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SDNY Rules Section 1782 Discovery Unavailable for Use in ICSID Arbitration

January 31, 2023 | International Commercial and Investor-State Arbitration

On December 19, 2022, the SDNY further restricted the use of Section 1782 discovery by ruling that an ICSID tribunal constituted under the Italy-Panama BIT does not qualify as a “foreign or international tribunal” within the meaning of Section 1782.

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January 2023 Council Meeting Updates

January 25, 2023 | Conflict of Laws, Copyright, Inside The ALI, Property, Torts: Miscellaneous Provisions, Torts: Remedies

At its meeting on January 19 and 20, 2023, the Council reviewed and discussed Council Drafts of five projects and approved drafts and portions of drafts as listed.

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Un-Erasing American Indians and the Indian Child Welfare Act from Family Law

January 24, 2023 | American Indian Law

This article discusses how family law classrooms can incorporate ICWA into conversations on family law as a step in eliminating bias in the legal academy and in the profession against American Indians.

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Christopher Slobogin on Policing and Virtual Searches

January 19, 2023 | Policing

The Lawfare Podcast recently featured Christopher Slobogin to discuss his new book, Virtual Searches, Regulating the Covert World of Technological Policing.

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Restating the Law in the Shadow of Codes: The ALI in Its Formative Era, in The American Law Institute at 100: A Centennial History

January 12, 2023 | Inside The ALI

Below is the abstract for “Restating the Law in the Shadow of Codes: The ALI in Its Formative Era, in The American Law Institute at 100: A Centennial History,” available for download on SSRN. Written for a forthcoming book occasioned by the centennial anniversary of...

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