The Supreme Court's approach to the Constitution's separation of powers is a puzzle.
Although the Justices appear to agree on the doctrine's goals, in almost every important line …

National security review of corporate transactions has long been a relatively sleepy corner of
regulatory policy. But as governments merge economic and national security, national …

Forum shopping gets a bad name. This is even more true in the context of transnational
litigation. The term is associated with unprincipled gamesmanship and undeserved victories …

In 2010, the US Supreme Court applied the federal presumption against extraterritoriality to
determine the geographic scope of Section 10 (b), the antifraud provision of the federal …

The lower federal courts have been invoking" international comity abstention" to solve a
range of problems in cross-border cases, using a wide array of tests that vary not just across …

One consequence of the increasingly transnational nature of civil litigation is that US courts
must frequently address the interests of foreign sovereigns. These interactions arise …

Data's intangibility poses significant difficulties for determining where data is located. The
problem is not that data is located nowhere,'but that it may be located anywhere, and at least …

In the US constitutional system, the president generally conducts foreign relations. But not
always. In recent years, the courts and Congress have repeatedly taken steps to interact …

The past has become a potent legal argument, particularly before the Supreme Court.'In
addition to historical gloss2 and the different permutations of originalism, 3 the Court's recent …

Investment treaties and investor-state dispute settlement (ISDS) have generated tremendous
controversy in recent years. Both are regularly denounced as dire threats to national …