This Essay argues that several principles associated with modern international investment law and dispute resolution arose in the wake of the American Revolution, as the revolutionaries and Britons sought to restructure trade relations, previously regulated by imperial law, under new treaties and the law of nations.

This Essay argues that federal land policy as a form of colonial administration has been constitutive for the logic of expectation as property in the United States. Approaching the Bundy occupations as flashpoints that illuminate competing interpretations and claims to land within the history of westward colonization, the Essay demonstrates the ways in which expectation emerges from particular economies of dispossession of indigenous peoples that have historically worked through and across the division of public and private property.

The article evaluates the doctrine of protecting investors’ specific-commitment backed-expectations. The author argues that the doctrine has shaky legal foundations and raises fundamental policy concerns. It affects the rules and processes governing allocation of property rights, can exacerbate inequality, and can send wrong signals to investors regarding responsible business conduct.

Abstract The decision in Fisher II sustained the University of Texas’s use of race in its undergraduate admissions policy, in the face of nearly decade long attack, but on terms that reinscribed the onerous requirements of strict scrutiny on institutions utilizing any form of race-conscious policy.  The debate before the Court and the rationales asserted Read More

Abstract Do white students enjoy an unfair advantage as compared to Asian Americans in admissions to certain universities? This Article explains the proper legal comparison under settled civil rights law for making this determination based on the number of white and Asian American applicants and admits for a given admissions cycle.  This Article also raises Read More