The Yale Law Journal

David Singh Grewal

Review

The Original Theory of Constitutionalism

David Singh Grewal & Jedediah Purdy

The conflict between various versions of “originalism” and “living constitutionalism” has long defined the landscape of constitutional theory and practice. In this Review of Richard Tuck’s The Sleeping Sovereign, David Grewal and Jedediah Purdy adapt the sovereignty-government distinction at the hea…

Forum

Democracy and Legitimacy in Investor-State Arbitration

Cory Adkins & David Singh Grewal

In January 2016, the Canadian infrastructure company TransCanada Corporation filed a notice of intent to sue the United States government in a North American Free Trade Agreement (NAFTA) Chapter 11 arbitration over the Keystone XL pipeline. At the center of this dispute is the State Department’s ref…

Essay

The Domestic Analogy Revisited: Hobbes on International Order

David Singh Grewal

This Essay reexamines Thomas Hobbes’s understanding of international order. Hobbes defended the establishment of an all-powerful sovereign as the solution to interpersonal conflict, and he advanced an analogy between persons and states. Extending this “domestic analogy,” the…