Paul Stephan
@pbs3.bsky.social
UVA Law. Published The World Crisis and International Law -- The Knowledge Economy and the Battle for the Future (CUP 2023), and Applying Municipal Law in International Disputes (Brill Nijhoff: Leiden, 2024). More at www.paulbstephan.com.
@bsky.app Following up on my Transnational Litigation Blog, I have expanded on the point on Substack: paulstephan.substack.com/p/strange-st...
Strange Statutory Interpretation in Foreign Relations Law: The October 2025 Term
Has the Court lost its way?
paulstephan.substack.com
@bsky.app My post on the Supreme Court 2025-26 term and foreign relations law is now up on Transnational Litigation Blog: tlblog.org/strange-stat...
Strange Statutory Interpretation in Foreign Relations Law: The October 2025 Term - Transnational Litigation Blog
The back end of the Supreme Court’s October Term 2025 brought us three decisions in statutory cases dealing with foreign relations law. Havana Docks Corp. v. Royal Caribbean Cruises, Ltd. explored the...
tlblog.org
@bsky.app open.substack.com/pub/paulstep...
The Constitution, the Supreme Court, and Their New Critics: Louis Michael Seidman’s The Constitution Cannot Save Us
With all eyes turned to the Supreme Court as it hands down its most controversial end-of-Term decisions, a consideration of the arguments against its central role in setting constitutional norms is ti
open.substack.com
I have published a piece on Trump's bargaining strategy, linking his approach to tariffs to his path to the present war against Iran, on Notes from the Miller Center, with a follow up on Substack. See uvamillercenter.substack.com/p/implausibl... and paulstephan.substack.com/p/implausibl...
Implausible deniability
Trump tries to slip the bonds of annoying law with his tariffs
uvamillercenter.substack.com
The great folks at Lawfare have published my views on the implications of Learning Resources, the tariffs case. More later on my substack. www.lawfaremedia.org/article/lear...
Lawfare
Hard National Security Choices
lawfaremedia.org
Andrew Kent and I have a blog post on Quorum Call, the blog of the Harvard Law School Journal of Legislation, about the tariffs case being argued tomorrow. You can find it here: journals.law.harvard.edu/jol/2025/11/...
Does the President Have Power to Impose Tariffs Using Peacetime Economic Sanctions Legislation? – Harvard Journal on Legislation
journals.law.harvard.edu
More on Learning Resources, Inc. v. Trump, the tariffs case: paulstephan.substack.com/p/more-on-ta...
More on Tariffs and the Supreme Court
Nixon Avoided the Trading with the Enemy Act Like the Plague
paulstephan.substack.com
A substack post about the brief Andrew Kent and I submitted in Learning Resources, Inc. v. Trump, the tariffs case: paulstephan.substack.com/p/an-amici-b...
An Amici Brief in the Tariffs Case
Andrew Kent and I filed a brief last week in Learning Resources, Inc. v. Trump
paulstephan.substack.com
The amici brief of Professors of US Foreign Relations Law in Learning Resources, Inc. v. Trump, has been filed and can be downloaded at www.supremecourt.gov/DocketPDF/24... I am happy to serve as counsel of record, but Andrew Kent did a terrific job in helping to put this together.
New amicus brief in IEEPA tariff case by law profs @andrewkent.bsky.social @pbs3.bsky.social: "Interpreting IEEPA as not covering tariffs or other monetary exactions does not hobble the President. Existing trade law gives him significant authority to adjust tariffs to confront a national emergency."
supremecourt.gov
My piece on the Trump tariffs litigation in the Supreme Court has just dropped: www.lawfaremedia.org/article/ieep... Headline: The administration does not have the legal basis it claims to impose these tariffs.
IEEPA Authorizes Asset Freezing, Not Seizing
Treating a tax or tariff as different from a confiscation is an interpretive issue that should be decided by Congress, not the judiciary.
lawfaremedia.org
The NY Times quotes me about yacht-based sanctions: nytimes.com/2025/08/14/w... TLDR: These kinds of sanctions cause pain to the adversary but probably won't generate a lot of money for those we support.
The U.S. Is Auctioning a Seized Russian Yacht. Will Anyone Buy It?
nytimes.com
My keynote address for the Chicago Journal of International Law's symposium is now in print: cjil.uchicago.edu In addition, the Research Agenda for Global Power Shifts and International Economic Law, edited by Joel Slawtowsky, is now out: www.e-elgar.com/shop/usd/a-r...
Chicago Journal of International Law
The University of Chicago, Chicago Journal of International Law is a journal of legal scholarship edited by students of The University of Chicago Law School.
cjil.uchicago.edu
A new, and I hope last, post on the Devas decision. This one looks at whether suits seeking to confirm an arbitral award based on the New York Convention must satisfy a subject matter jurisdiction requirement. paulstephan.substack.com/p/devas-and-...
Devas and Subject Matter Jurisdiction
In an earlier post on this platform, I discuss what a personal jurisdiction requirement for suits confirming a foreign arbitral award would look like.
paulstephan.substack.com
Farewell to Shenzhen and my wonderful students at Peking University School of Transnational Law.
My take on the Supreme Court's Devas opinion has appeared on Transnational Litigation Blog: tlblog.org/three-questi... I have additional thoughts on my substack: paulstephan.substack.com/p/more-on-in... Please subscribe! It's free (and perhaps still overpriced).
Three Questions for the Ninth Circuit in Antrix - Transnational Litigation Blog
The Supreme Court’s recent decision in CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd. represents a minimalist response to a narrow question embedded in a procedural labyrinth. As Ingrid Brunk noted on...
tlblog.org
Buried in this story is an account of my courtship of Pamela Clark some fifty years ago: www.law.virginia.edu/uvalawyer/sp...
The Edifice Complex
In 1974, the University of Virginia School of Law moved from UVA’s Clark Hall to North Grounds, setting the stage for one of legal education’s best expansion stories. But the new building’s first resi...
law.virginia.edu
Following my appearance on the Clauses and Controversies podcast, I have published some additional thoughts on my substack: paulstephan.substack.com/p/state-succ...
State Succession and Sovereign Debt
State Succession and Sovereign Debt
paulstephan.substack.com
My guest appearance on Clauses and Controversies: soundcloud.com/clauses-cont... Mitu, Mark and I discuss successor-state debtor and creditor issues with respect to Syria, Ukraine, and, speculatively, Greenland.
Ep 156 ft. Paul Stephan
Is There Any Law of State Succession? Syria, Ukraine and Greenland. The law of state succession to obligations comes mostly from a different era, when war and conquest were legal and borders changed
soundcloud.com
paulstephan.substack.com/p/the-threat...
The Threat to Harvard’s Tax-Exempt Status and the Baleful Influence of Bob Jones University v. United States
Reports that the Trump administration wants the Internal Revenue Service (IRS) to revoke Harvard University’s tax-exempt status invites a reconsideration of Bob Jones University v.
paulstephan.substack.com
@bsky.app Our article on Ukraine and syndicate loans is now up. Still relevant (I think): academic.oup.com/cmlj/article...
The syndicated loan for Ukraine: a model for future crisis collaboration
Shortly before the 2024 US presidential election came news of a $50 billion loan package from the G7 nations to Ukraine, with a $20 billion contribution fr
academic.oup.com
Wednesday 1:30 pm EST the Federalist Society is hosting George Bermann, Ingrid Brunk, and myself on Devas v. Antrix, argued Monday morning in SCOTUS, Julian Ku moderating. Link at fedsoc.org/events/do-fo...
Do Foreign States Deserve Due Process? “Minimum Contacts” and the Future of International Arbitration
Devas v. Antrix considers whether foreign governments are protected by the Fifth Amendment’s Due Pro...
fedsoc.org
I have just published a substack post, this one about my keynote address for the Chicago International Law Journal's annual symposium on technological innovation in global governance. It's free, and you can find it here: open.substack.com/pub/paulstep...
The Reign of Cerberus: International Law and Technological Innovation
My keynote paper at the Chicago Journal of International Law annual symposium
open.substack.com
Having just submitted an amicus brief in CC/Devas (Mauritious) Limited v. Antrix Corp. in support of respondents, I share my reflections on the case on my substack: open.substack.com/pub/paulstep... Also cross-posted on Transnational Litigation Blog tlblog.org/cc-devas-mau...
CC/Devas (Mauritius) Limited v. Antrix Corp.: International Arbitration and Constitutional Avoidance
Last Friday I filed an amicus brief in CC/Devas (Mauritius) Limited v.
open.substack.com
Yesterday I filed an amicus brief on behalf of respondents in CC/Devas (Mauritius) Limited v. Antrix Corp. Ltd., No. 23-1201, a case involving the Foreign Sovereign Immunities Act in which the Supreme Court will here oral argument on March 3. Here is the link: www.supremecourt.gov/DocketPDF/23...
supremecourt.gov
Another substack post, brief thoughts on the hostage/peace agreement in Gaza that comes just as a finish up my time teaching at Tel Aviv University: substack.com/inbox/post/1...
The Gaza Peace Agreement
Today is my last day teaching in the law faculty of Tel Aviv University.
substack.com
My contribution to the 2024 University of Chicago Legal Forum has just dropped: legal-forum.uchicago.edu/print-archiv...
Big Data as a National Security Issue | The University of Chicago Legal Forum
This Article considers the national security implications of the legal vacuum concerning modern enhancements of data mining. Its key insight is to distinguish big data as an emergent entity from the c...
legal-forum.uchicago.edu
Our paper, The Syndicated Loan for Ukraine: A Model for Future Crisis Collaboration, with Ashley Deeks and Mitu Gulati, is now up on SSRN: papers.ssrn.com/sol3/papers.... Soon to appear in the Capital Markets Law Review.
The Syndicated Loan for Ukraine: A Model for Future Crisis Collaboration
The recently-announced $50 billion loan package from the G7 nations to Ukraine fell short of the $300 billion or so hoped for by the designers of its framework.
papers.ssrn.com
I took part in a Clauses and Controversy podcast, discussing the NML case and Argentina's contributions to international law: podcasts.apple.com/us/podcast/e... I expand on the podcast in a new Substack post: open.substack.com/pub/paulstep... Please consider subscribing to my substack: It's free!
Ep 147 ft. Paul Stephan
Podcast Episode · Clauses & Controversies · 12/01/2024 · 48m
podcasts.apple.com
