Category: Volume 56 Issue 3
Dismantling the Due Process Dichotomy in Crimmigration Cases
Josh A. Roth† & Stephen Yale-Loehr††
The U.S. Constitution entitles every person to due process. But nearly fifty years ago, the Supreme Court distinguished the due process entitlement of noncitizens from that of citizens. This Article takes a novel approach to due process for noncitizens in certain so-called “crimmigration” cases by further distinguishing the citizen-noncitizen dichotomy. The Article argues that, as…
Sep 2025
The Effects of the Law of War on the Question of Immunity and Inviolability of Heads of State: With Particular References to the Prosecution of the President of the Russian Federation for Aggression and other War Crimes
Miguel Manero de Lemos
The debate on how to prosecute the international crimes linked to the aggression of the Russian Federation against Ukraine is ongoing. This Article explores an aspect of that debate, i.e., whether international or national courts may prosecute those who are allegedly entitled to a personal immunity under international law, particularly Vladimir Putin, the head of…
Sep 2025
Unraveling Credit Default Swaps–Engineered Transactions and Their Impacts
The proliferation of credit default swap (“CDS”) contracts prior to the financial crisis drew the attention of scholars, regulators, and the public. In simplistic terms, credit default swaps enable contracting parties to tailor their exposure to credit risk. Credit default swaps occur when the “protection seller” agrees to compensate the “protection buyer” in the event…
Sep 2025