Paul Stephan

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...

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/...

More on Tariffs and the Supreme Court Nixon Avoided the Trading with the Enemy Act Like the Plague

More on Learning Resources, Inc. v. Trump, the tariffs case:
paulstephan.substack.com/p/more-on-ta...

An Amici Brief in the Tariffs Case Andrew Kent and I filed a brief last week in Learning Resources, Inc. v. Trump

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...

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."

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.

The U.S. Is Auctioning a Seized Russian Yacht. Will Anyone Buy It?

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.

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...

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.

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-...

Farewell to Shenzhen and my wonderful students at Peking University School of Transnational Law.

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...

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).

The seventies were an embarrassment for everyone, although certainly looks fetching.

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...

Buried in this story is an account of my courtship of Pamela Clark some fifty years ago: www.law.virginia.edu/uvalawyer/sp...

Hey Kim!

State Succession and Sovereign Debt State Succession and Sovereign Debt

Following my appearance on the Clauses and Controversies podcast, I have published some additional thoughts on my substack:
paulstephan.substack.com/p/state-succ...

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

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.

Thank you my dear.

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/p/the-threat...

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

@bsky.app Our article on Ukraine and syndicate loans is now up. Still relevant (I think):
academic.oup.com/cmlj/article...

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...

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...

Many thanks

The Reign of Cerberus: International Law and Technological Innovation My keynote paper at the Chicago Journal of International Law annual symposium

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...

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.

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...

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...

The Gaza Peace Agreement Today is my last day teaching in the law faculty of Tel Aviv University.

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...

Big Data as a National Security Issue As debates swarm around Tik Tok and Chinese cyber operations targeting the United States, my article on Big Data as a National Security Issue has finally dropped.

New Substack post at open.substack.com/pub/paulstep...

My contribution to the 2024 University of Chicago Legal Forum has just dropped:
legal-forum.uchicago.edu/print-archiv...

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.

Ep 147 ft. Paul Stephan Podcast Episode · Clauses & Controversies · 12/01/2024 · 48m

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...
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