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Paul Stephan @pbs3.bsky.social · 8d

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.

www.lawfaremedia.org

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Paul Stephan @pbs3.bsky.social · Aug 14

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

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Paul Stephan @pbs3.bsky.social · Jul 7

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

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Paul Stephan @pbs3.bsky.social · Jun 22

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

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Paul Stephan @pbs3.bsky.social · Jun 20

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

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Paul Stephan @pbs3.bsky.social · Jun 19

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

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Paul Stephan @pbs3.bsky.social · May 28

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

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Paul Stephan @pbs3.bsky.social · May 28

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...

www.law.virginia.edu

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Paul Stephan @pbs3.bsky.social · Apr 29

Hey Kim!

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Paul Stephan @pbs3.bsky.social · Apr 29

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

paulstephan.substack.com

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Paul Stephan @pbs3.bsky.social · Apr 28

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

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Paul Stephan @pbs3.bsky.social · Apr 21

Thank you my dear.

Paul Stephan @pbs3.bsky.social · Apr 20

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

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Paul Stephan @pbs3.bsky.social · Mar 20

@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

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Paul Stephan @pbs3.bsky.social · Mar 4

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

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Paul Stephan @pbs3.bsky.social · Feb 14

Many thanks

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Paul Stephan @pbs3.bsky.social · Jan 31

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

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Paul Stephan @pbs3.bsky.social · Jan 29

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

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Paul Stephan @pbs3.bsky.social · Jan 25

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...

www.supremecourt.gov

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Paul Stephan @pbs3.bsky.social · Jan 16

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

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Paul Stephan @pbs3.bsky.social · Jan 16

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

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.

open.substack.com

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Paul Stephan @pbs3.bsky.social · Jan 15

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

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Paul Stephan @pbs3.bsky.social · Dec 23

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

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Paul Stephan @pbs3.bsky.social · Dec 3

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

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Paul Stephan @pbs3.bsky.social · Nov 30

How can anything be nearly infinite? I thought infinity was immeasurable far from anything finite? Asking as a friend.

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