I. Introduction
Obscure constitutional provisions rarely give rise to serious questions: that is why they are obscure. Yet sometimes provisions spring quickly from obscurity to relevance. Never in the nation’s history has the scope and meaning of Congress’s power to “Define and Punish . . . Offenses Against the Law… Read More »
Game theory has transformed international law scholarship. Recent accounts have harnessed alleged lessons learned from game theory in service of a new brand of realism about the field. These skeptical accounts conclude that international law loses its normative force because states that “follow” international law are simply participants in a… Read More »
For years, experts have debated whether the U.S. should spearhead reform of the United Nations (U.N.) framework for authorizing the use of force to counter the threats of terrorism and proliferation of weapons of mass destruction (WMD). In this debate, some scholars argue that the permanent members of the U.N.… Read More »
On August 5, 2008, the State of Texas executed José Ernesto Medellín for his participation in the brutal rape and murder of two teenage girls, ending a fifteen-year legal battle that implicated numerous questions of constitutional and international law. Medellín alleged that he was prejudiced in his initial trial because… Read More »
Many of today’s problems are global in nature and scope. Collective action problems such as global climate change and systemic risk in capital markets threaten to affect every person on the planet. Yet because these problems transcend national boundaries, a single nation cannot solve them alone. So what do we… Read More »