Recent Faculty Works: Karen J. Alter, Stephanie Holmes Didwania, James E. Pfander

Northwestern Pritzker School of Law is home to an incredible group of faculty members working at the intersections of law and many other disciplines. Their research and scholarship has helped advance the understanding of law and legal institutions in a diverse array of fields. Learn more in our “Recent Faculty Works” series about the latest publications and innovations of our faculty.

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US Export Controls Across Time: Knowledge, Technology and China

119 American Journal of International Law 180 (2025)

By Karen J. Alter, Norman Dwight Harris Professor of International Relations

There is surprisingly little scholarship on US export control policy and politics. This essay engages three academic books on US export control policy and politics. Most of the review is focused on the most recent book, Knowledge Regulation and National Security in Postwar America, published in 2022. Daniels and Krige, two historians of science, argue that Americans have a singular national security way of seeing that has shaped “America’s perception of the world and saturated all actions that the US government took in the international realm.” … Read More

Keywords:
export controls, China, technology controls

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Asset Forfeiture and Inequality

77 Stanford Law Review 159 (2025)

By Stephanie Holmes Didwania, Associate Professor of Law

Under the law of asset forfeiture, a person loses ownership of money and property that were used in or constitute the proceeds of a crime. Asset forfeiture is a significant financial consequence for people who have (in some cases, tenuous) contact with the criminal system. Asset forfeiture also is a crucial way that federal, state, and local governments generate revenue from criminal investigation and prosecution. In the federal system, the government’s acquisition of forfeited assets (such as cash, electronics, cars, and homes) brings in around $2 billion in annual revenue. … Read More

Keywords:
asset forfeiture, criminal system, revenue-generating forfeitures

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Federal Tort Liability After Egbert v. Boule: A Textual Case for Restoring the Officer Suit at Common Law

138 Harvard Law Review 985 (2025)

By James E. Pfander, Owen L. Coon Professor of Law (coauthored with Rex N. Alley)

This paper addresses the Supreme Court’s refusal to authorize individuals to seek remedies against the federal government for the violation of their constitutional rights. While individuals can ask for an order blocking unconstitutional conduct, they have no predictable right to recover damages for past constitutional violations. In many cases, moreover, they cannot seek damages in tort, either through a suit against the government under the applicable federal statute or against the wrongdoing official under common law. While a new statute could address the problem, this paper makes the novel argument that existing law preserves common law tort claims against official defendants in many important settings. The paper then explains how such suits might effectively supplement the existing remedial system and provide a measure of redress in those instances in which the Court refuses to authorize direct constitutional enforcement. … Read More

Keywords:
administrative law, constitutional remedies, federal courts, legal history, remedies, torts