LATEST SCHOLARSHIP

The Business of Treaties

Business entities play important and underappreciated roles in the production of international treaties. At the same time, international treaty law is hobbled by state- centric presumptions that render its response to business ad hoc and...

Choosing Constitutional Remedies

When a judge finds that a statute violates the Constitution, the statute must give way. But in many cases, there is more than one way for a judge to remedy the conflict between a statute and the Constitution. And in choosing which remedy to impose...

Judging Third-Party Funding

Third-party funding is an arrangement whereby an outside entity finances the legal representation of a party involved in litigation or arbitration. The outside entity—called a “third-party funder”—could be a bank, hedge fund, insurance company, or...