Faculty Commentary

New Transnational Litigation Blog Post from Ingrid Brunk: Foreign Data Protection Laws: Greater Impact on U.S. Discovery than Foreign Blocking Statutes

Oct. 25, 2022—Ingrid (Wuerth) Brunk writes that litigants are increasingly using foreign data protection laws-especially new laws in China and the EU-to resist discovery requests from U.S. courts.

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Harnessing the Working-from-Home Transition, an opinion piece by Michael Vandenbergh and Sharon Shewmake in The Hill

Sep. 14, 2022—Vandenbergh and Shewmake discuss their research showing the importance of the work-from-home transition for climate policy and recommend that employers include greenhouse gas emissions attributable to employees working from home in reporting their environmental impact.

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Climate Change Research Network EELU News and Events Faculty Commentary Faculty News


Why designating Russia a state sponsor of terrorism is a bad idea: Washington Post Opinion by Ingrid Wuerth

Aug. 1, 2022—Wuerth is a foreign policy expert and holds the Helen Strong Curry Chair in International Law. "The state sponsor of terrorism designation is not a symbolic act to chastise states that behave badly," she writes. "It is a legal trigger embedded in an extremely complex statutory and regulatory framework. The effects of pulling that...trigger are not easy to identify and untangle."

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Russia should not be designated a state sponsor of terrorism: Opinion by Ingrid Wuerth

Jul. 20, 2022—Wuerth's column, published in Just Security and in the Transnational Litigation blog, suggests the designation would be largely symbolic and could ultimately harm the interests of the Ukrainian government and the people of Ukraine.

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“Is the Establishment Clause Dead? A Message From SCOTUS” – Bloomberg Law opinion piece by Matthew Shaw

Jun. 24, 2022—Shaw argues that the U.S. Supreme Court’s ruling that Maine cannot exclude faith-based schools from a state program that pays for private school tuition in areas of the state that lack public schools could erode the Constitution’s Establishment Clause.

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Equity, Diversity and Community Faculty Commentary Faculty News General News Home Page News L&G News and Events


“And a Public Defender for All”: Sara Mayeux’s opinion piece addresses Judge Ketangi Brown Jackson’s historic SCOTUS appointment

Apr. 12, 2022—Judge Jackson is the first Supreme Court justice whose prior experience includes work as a federal public defender. Mayeux asserts that "given that several...justices previously worked as federal prosecutors, Jackson's confirmation injects a welcome measure of professional balance to the lineup" and that Jackson is the "first justice since Thurgood Marshall with meaningful criminal defense experience."

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Mike Newton argues that Russia should be investigated for war crimes in CNN email interview

Mar. 15, 2022—Congress is considering a resolution to investigate the Russian invaders of Ukraine for possible war crimes. In an email interview with CNN Opinion, conduct of hostilities expert Mike Newton argues that such an investigation is justified due to Russia's attacks on civilians.

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Dunn v. Blumstein featured in “Making the Case” podcast produced by Tennessee Attorney General’s office

Mar. 3, 2022—Constitutional law James F. Blumstein discusses Dunn v. Blumstein, the case brought in 1970 challenging Tennessee's residency requirements for voter registration, in a March 1 podcast produced by the Tennessee Attorney General's office. Blumstein ultimately argued the case before the Supreme Court.

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Ingrid Wuerth discusses “International Law and the Russian Invasion of Ukraine” in Lawfare

Feb. 25, 2022—Wuerth is a leading scholar of foreign affairs and serves on the State Department's Advisory Committee on the American Law Institute's Restatement (Fourth) on U.S. Foreign Relations Law. In this Lawfare post, she states: "Russia's invasion of Ukraine violates Article 2(4) of the U.N. Charter, which prohibits the use of force against the territorial integrity of another state."

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Housing Law Clinic director Jennifer Prusak addresses importance of legal representation for renters facing eviction

Sep. 29, 2021—In a column published online at The Conversation, Prusak explains why providing more tenants facing evication with access to a lawyer could be the key to keeping more people in their homes. Prusak is an associate clinical professor of law. She launched Vanderbilt's Housing Law Clinic in spring 2021.

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Michael Vandenbergh, Jonathan Gilligan and Lou Leonard discuss how the U.S. can rejoin the Paris climate agreement

Dec. 21, 2020—In a co-authored opinion piece in the Pittsburgh Post-Gazette, the authors discuss the need for a national climate change strategy based on the same sort of public-private collaboration that led to the rapid production of COVID-19 vaccines.

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Ganesh Sitaraman discusses Supreme Court reform on The Ezra Klein Show

Oct. 21, 2020—Ezra Klein and Ganesh Sitaraman discuss proposals for Supreme Court reform, including Sitaraman's own proposal, in a conversation that covers such options as court-packing and term limits and more obscure proposals like the 5-5-5 balanced bench and a judicial lottery system.

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James Blumstein discusses “The Current Constitutional Challenge to the Affordable Care Act” in JAMA essay

Jul. 14, 2020—Blumstein, a noted scholar of constitutional law and health policy, provides an overview of challenges to the Affordable Care Act and analyzes the current constitutional challenges posed by California v. Texas, a case brought by 21 state attorneys general to decide whether the ACA should remain in place, and a cross-appeal by Texas and other states asking that the entire law be invalidated in a short essay posted on the Journal of the American Medical Association Health Forum.

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Faculty Commentary


Ganesh Sitaraman Looks at What Two Recent Books Can Teach Us about Defending Democracy

Oct. 16, 2017—Read "How the Oligarchy Wins: Lessons from Ancient Greece," Sitaraman's Oct. 15 column in The Guardian.

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Jim Blumstein on “How to End Obamacare” in Wall Street Journal commentary

Sep. 19, 2017—Blumstein proposes that Republicans "pass a two-page bill clarifying that Congress did not intend to use its taxing power to enforce the individual mandate."

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Tim Meyer discusses constitutional obstacles to withdrawing from NAFTA

Aug. 16, 2017—"Even if the United States leaves NAFTA, the president will still be bound to implement the agreement's rules on the terms dictated by Congress until Congress says otherwise," Meyer notes in a post on The Conversation.

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Brian Fitzpatrick supports downsizing 9th Circuit Court of Appeals in Law360 editorial

Aug. 1, 2017—"There is a nonpartisan, good government reason for" splitting the 9th Circuit, Fitzpatrick writes: "Smaller circuits minimize outlier decisions in both directions."

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The Original Sin of Banking Law

Oct. 27, 2016—Morgan Ricks explains the genesis of his book, The Money Problem, which offers a simple solution to the problem created by short-term borrowing. In 2009 I joined the U.S. Treasury Department as a member of the Crisis Response Team, a small group of Wall Street professionals—investment bankers, traders and buyout specialists—whom Secretary Timothy Geithner had...

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Faculty Commentary Fall 2016 Vanderbilt Law Magazine