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Analysis and Commentary

Winter 2018 Supplement For Bradley & Goldsmith, Foreign Relations Law: Cases And Materials

by Jack Goldsmithvia Lawfare
Tuesday, December 4, 2018

Here is the Winter 2018 Supplement for Bradley & Goldsmith, Foreign Relations Law: Cases and Materials (6th ed. 2017). These materials cover, among many other things, the Supreme Court’s decision in Trump v. Hawaii (the “travel ban” case), which is excerpted with questions; the Supreme Court’s decision in Jesner v. Arab Bank concerning corporate liability under the Alien Tort Statute; the Trump administration’s withdrawal from the Iran nuclear deal; legal issues raised by U.S. missile strikes against Syria; President Trump’s recognition of Jerusalem as the capital of Israel; and the debates and litigation concerning “sanctuary jurisdictions.”

In the News

The Second Class Second Amendment?

quoting John Yoovia Patriot Post
Friday, November 30, 2018
It's past time for the Supreme Court to stop side-stepping any and all questions about gun rights.
In the News

Yoo/Phillips Chart A Path Ahead For Roberts Court

mentioning John Yoovia National Review
Thursday, November 29, 2018

From the beginning of Chief Justice Roberts’s tenure in 2005 through the most recent Supreme Court term, Justice Kennedy almost always provided the decisive vote in sharply divided cases. For that reason, I did not think that the convention of referring to the Court by the name of the Chief Justice was fair to Roberts. But with the replacement of Justice Kennedy by Justice Kavanaugh, the Chief Justice is far more likely to have a working conservative majority that is broadly aligned with his jurisprudential vision.


Richard Epstein and John Yoo: Ep. 116: The Elephant In The Room

interview with Richard A. Epstein, John Yoovia Ricochet
Thursday, November 29, 2018

Hoover Institution fellows Richard Epstein and John Yoo discuss whether the courts can halt the president’s plan to keep out asylum seekers; who won the Trump-John Roberts showdown; whether the appointment of Jeff Sessions’ interim replacement is unconstitutional; and why a New York judge giving an elephant his day in court.


The Fate Of Citizens United On The Roberts Court With Richard Epstein

interview with Richard A. Epsteinvia The John Batchelor Show
Tuesday, November 27, 2018

Hoover Institution fellow Richard Epstein discusses the fate of Citizen’s United v. FEC.

In the News

Debate Over American Exceptionalism Is Over

quoting Niall Fergusonvia The Hill
Thursday, November 15, 2018
American nationalism was indicted as a cover for xenophobia and racism in the midterm elections. Yet, absent U.S. nationalism’s strongly positive side, the related concept of American exceptionalism fails.
In the News

Former Bush Official Reveals How Mueller Could Fight Matthew Whitaker's Attempts To Interfere In The ...

quoting John Yoovia Alternet
Tuesday, November 13, 2018

Many legal and constitutional scholars have come forward to decry President Donald Trump's appointment of Matthew Whitaker as the new acting attorney general.

In the News

Hillary Clinton Wants People To Focus On Local Elections Because Of ‘Right-Wing Majority’ SCOTUS

quoting David Davenportvia IJR
Tuesday, October 23, 2018

In a new Twitter thread, former 2016 presidential candidate Hillary Clinton explained to her followers why it is important to vote in local elections as well as the national elections in the upcoming midterms.


Victor Davis Hanson: Post-Kavanaugh Confirmation Syndrome Ensues

interview with Victor Davis Hansonvia The Ingraham Angle (Fox)
Tuesday, October 9, 2018

Hoover Institution fellow Victor Davis Hanson discusses history and the state of politics.


Victor Davis Hanson: Kavanaugh Vote: "It's Kind Of An Orwellian World Superimposed On Not Just The Senate But The Country At Large..."

interview with Victor Davis Hansonvia The John Batchelor Show
Thursday, October 4, 2018

Hoover Institution fellow Victor Davis Hanson discusses the Kavanaugh hearings.