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The debate on the European Court of Human Rights is back – if it ever left in the first place. After a decade-long push to move toward increased subsidiarity, the most recent stage in the debate entails several states signing a letter to the Court complaining that its interpretation doesn’t allow the expulsion of criminal […]
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Since the end of World War II, the vow of ‘Never Again’ has been repeated by state leaders, international organisations, diplomats and activists worldwide. The famous phrase appears on genocide memorials in Rwanda, Poland and Bosnia and Herzegovina and many others. It is routinely uttered at annual commemoration events such as the Holocaust Remembrance Day. […]
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In the advisory opinion of July 25, 2025, Obligations of States in Respect of Climate Change, the International Court of Justice (ICJ) took a bold step to declare that human rights law is the most relevant law with regard to climate change and to affirm that states’ failure to take action to deal with climate […]
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November 5, 2017, marked a century since the U.S. Supreme Court decided the famous Buchanan v. Warley case, striking down racial zoning in the United States. With more than 100 years of land use practices and legal and policy institutions to achieve racial justice, is land use racially just in the U.S.? And if not, […]
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In People v. The Court, I argue that American democracy is broken and that the Supreme Court’s constitutional doctrine is a key factor contributing to democratic decay. The book charts a path for revolutionary changes in constitutional law that could help repair our broken democracy. The Supreme Court has developed a set of constitutional doctrines […]
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In 1947, Winston Churchill—no longer Prime Minister but still sparring from the backbenches—famously quipped that democracy is “the worst form of government except for all the others that have been tried.” What he feared most were schemes run by self‑appointed “super‑planners” who would tell everyone else what was good for them without oversight. A year later, the Universal Declaration of Human […]
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My new book, From Manners to Rules: Advocating for Legalism in South Korea and Japan, challenges the conventional wisdom that law and courts play marginal roles in Korean and Japanese politics. In the book, I document the emergence of legalistic approaches to governance in the “hard cases” of Korea and Japan, where governance was previously […]
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The first year of Trump’s second term has been a chaotic one for trade, as for so much else. Before inauguration, the President had already threatened tariffs against Denmark to force a “sale” of Greenland. Within days of taking office, he began threatening or imposing illegal tariffs against Colombia, China, Mexico, Canada, all steel and […]
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