The Supreme Court's overruling of Chevron has left courts split on how to treat BIA interpretations of the INA when considering whether noncitizens facing removal have committed aggravated felonies and crimes involving moral turpitude. This post explores the effects different methodology might have on noncitizens and advocates for a consistent approach going forward.
Read MoreCritical undersea infrastructure forms the hidden backbone of global communication and energy networks, yet remains increasingly vulnerable to both accidental damage and intentional sabotage. Volume XLIX staff editor Anthony Trabucco argues that while the current international legal regime, rooted in the 1884 Submarine Telegraph Convention and the United Nations Convention on the Law of the Sea, provides some enforcement mechanisms, meaningful reform is needed. This post explores how clearer jurisdictional rules and stronger enforcement mechanisms could help safeguard the vital infrastructure that connects the modern world.
Read MoreThe realization requirement, one of the most fundamental principles in U.S. tax law, has long lacked clear statutory guidance. Volume XLIX staff editor Gilad Menashe examines how the United States might look to other countries, such as Canada and Australia, for a valuable starting point in defining when a realization event has occurred for tax purposes
Read MoreFor an Olympic athlete, the Court of Arbitration for Sport is the tribunal that ultimately decides whether an athlete's violation of rules will lead to a slap on the wrist or a career ending expulsion from the federation. However, many criticize the decision-making of the CAS. Volume XLIX staff editor Derek Kim argues that the CAS should enforce more uniform standards for athletes who are in violation of anti-doping rules. This post delves into the inconsistency of the CAS and WADA's anti-doping rule and enforcement policy and possibilities for equitable treatment toward athletes.
Read MoreAs artificial intelligence continues to reshape lives and industries, regulators must ensure that innovation does not outpace oversight. After the European Medicines Agency recognized an AI-assisted pathology tool as regulatory-grade evidence, questions arise over what the US should do next. In this post, Volume XLIX staff editor David Choe examines EMA's AI Qualification Opinion and outlines potential steps the FDA can take to accelerate safe drug innovation and minimize intercontinental regulatory friction.
Read MoreThe United States' gig economy framework is falling behind international standards, leaving independent contractors in the digital platform business without legal protections. This post argues that the United States should combine the frameworks used by Canada and the European Union to address the current legal gap for independent contractors and to lessen the instability across the current state-by-state laws.
Read MoreAs digital currencies evolve, the balance between public and private money has raised questions of sovereignty for the United States, putting the State at risk of ceding monetary control and, therefore, power to both private actors and foreign states. Volume XLIX staff editor Caroline Packard analyzes how U.S. policy favoring private Stablecoins and prohibiting a retail Central Bank Digital Currency may undermine the nation’s monetary control, contrasting this approach with the European Central Bank’s efforts to safeguard Europe’s sovereignty through a retail CDBC and accompanying regulations.
Read MoreThe EU AI Act, the EU's comprehensive law focused on regulating the use of and risks inherent in AI, requires compliance with the Act even by parties whose “outputs” generated by AI are then used in EU—including parties outside of the Union. Thus, where a company employs generative AI to create an advertisement, which subsequently lands in the EU, they are subject to the Act, and must disclose to consumers that the advertisement was made with AI—which is of particular concern for social media advertisements, which traverse international borders. Volume XLIX staff editor Olivia Lilley argues that United States and countries around the world should enact legislation that mirrors the EU AI Act in order to prevent their citizens from unintentionally violating the Act and facing serious fines.
Read MoreThe European Union is attempting to exert extraterritorial regulatory powers on the domestic corporate activity of third-party nations through the Corporate Sustainability Due Diligence Directive. In short, the CSDDD would attempt to impose EU law and international agreements that the US has not ratified on the domestic corporate activity of US companies if they have EU operations that meet a certain threshold. However, Volume XLVIII staff editor Antonio Videla argues that this attempt is unlikely to succeed because the US will not accept an intrusion of its sovereignty and this attempt likely runs contrary to international law.
Read MoreThe U.S. has announced new tariffs on steel and aluminum imports, mirroring similar measures imposed in 2018 under the first Trump administration. These tariffs previously triggered global trade disputes and retaliatory duties from major economies, including China and the EU. While the WTO ruled against the U.S. tariffs in 2022, it also blocked China’s retaliatory measures. However, with the WTO’s Appellate Body currently paralyzed, appeals remain unresolved, leaving enforcement uncertain.
Volume XLVIII staff member Hsin-Hui Hsu argues that the reintroduction of these tariffs could lead to new WTO challenges, reigniting debates over the role of national security in trade policy. This blog post examines the legal implications of the new tariffs and their potential impact on the WTO system.
Read MoreThe United Nations Departments of Political and Peacebuilding Affairs (UN DPPA), played a crucial role supporting nation states across the globe in the 2024 record election year. But some major concerns around election integrity arose across these elections. Volume XLVIII staff editor Isabell Creed argues there is a bigger role for the UN DPPA to play in providing electoral support moving forward. This post explores how that role could evolve.
Read MoreUnder Article 6 of the Constitution, federal laws are given precedence over conflicting state laws. However, the taxation and regulation of the insurance industry is an exception provided for under the McCarren-Ferguson Act. Since the Act was passed, several states have enacted laws that prohibit mandatory arbitration clauses in insurance policies. This comes into conflict with the United States’ obligations under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards which requires member states to refer parties to arbitration if they have a valid arbitration clause. Volume XLVIII staff editor Samanta Kolenovic argues that the Supreme Court should resolve the conflict to provide for more certainty for insurance companies doing business in the United States.
Read MoreWith growing calls to provide security guarantees to Ukraine, several politicians have argued that Article 5 may be invoked as a result of providing these guarantees, triggering NATO member states' collective defense obligation. President Trump has even prospectively stated that he would refuse to provide Article 5 defense for member states that do not meet their 2% GDP investment target. Volume XLVIII staff editor, Kenza Tahri, explores the circumstances under which Article 5 would be invoked as a result of providing security guarantees to Ukraine, and explains the stance of international treaty law on the issue of whether a NATO ally's failure to meet its GDP spending guidelines would constitute a material breach of the agreement, excusing other member states from their collective defense obligation.
Read MorePresident Donald Trump's recent executive order withdrawing the United States from the United Nations Human Rights Council as well as the Department of Government Efficiency's effective shut down of the United States Agency for International Development appears to signal both the United States' declining role as an international human rights leader and the decline of American soft power abroad. Volume XLVIII staff editor Kate Wittpenn argues that eroding soft power could create a power vacuum for China's civil society workers, diminishing international influence and economic opportunity for the United States.
Read MoreReal estate companies for years have marketed properties in occupied Palestinian territory through events held across the country. Last year, these practices came to a head when several events were broken up by protesters claiming that the companies were promoting land that was protected under international law from being marketed and sold. Volume XLVIII staff editor, Shahrooz Nasir, argues that these real estate companies are engaging in practices in contravention of international law. This post explores the law supporting this assertion and potential steps the United States can take to ensure that it is being upheld.
Read MoreUnder the second Trump Administration, the United States and the European Union have taken sharply different approaches to regulating cryptocurrency. With the E.U. implementing the Markets in Crypto-Assets Regulation (MiCAR) and the U.S. rejecting CBDCs in favor of a market-driven, deregulated framework, the divide in general financial oversight continues to widen. Volume XLVIII staff editor Chris O'Hara examines these contrasting regulatory strategies, their implications for global markets, and whether any future policy convergence is possible.
Read More“After more than a decade of mass political violence, the Assad regime has collapsed. Does this mean it can now be held accountable for its crimes? Volume XLV staff editor Léa d’Oznobichine argues that while Assad’s downfall opens up new paths towards accountability for Assad’s crimes, much will ultimately depend on the political agenda of the new government. This post explores the potential implications of Assad’s downfall on universal jurisdiction, the Syrian justice system, the International Criminal Court, and the possibility of a specialized tribunal for chemical weapons.”
Read MorePresident Donald Trump’s recent decision to impose tariffs on imports from Canada, Mexico, and China has sparked significant legal and economic debate. Many view these tariffs as an aggressive move to safeguard national security and address immigration concerns, but this post argues that this approach, while backed by domestic law, faces significant challenges on the international stage. This post explores the legal foundation for Trump’s tariffs and examines potential repercussions under international trade agreements like GATT and USMCA, as well as the unintended social and economic consequences for American families.
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