The Political Question Doctrine and International 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.
SDNY Rules Section 1782 Discovery Unavailable for Use in ICSID 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.
January 2023 Council Meeting Updates
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.
Un-Erasing American Indians and the Indian Child Welfare Act from Family 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.
Christopher Slobogin on Policing and Virtual Searches
The Lawfare Podcast recently featured Christopher Slobogin to discuss his new book, Virtual Searches, Regulating the Covert World of Technological Policing.
Restating the Law in the Shadow of Codes: The ALI in Its Formative Era, in The American Law Institute at 100: A Centennial History
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...