On account of the fact that first impression judicial review over federal questions of international trade law is committed to the U.S. Court of International Trade, a national Article III court with appellate review vesting with the U.S. Court of Appeals for the Federal Circuit, advocates often litigate their cases in a vacuum from other areas of law. This essay argues that such an approach is unsupported by the statutory framework of the U.S. Court of International Trade, which was meant to operate under traditional Article III administrative law review norms. This essay also argues that advocates would strategically benefit from connecting international trade law advocacy to broader administrative law and statutory interpretation law for the benefit of appellate review before the U.S. Supreme Court.
GW Paper Series
The Unintended Consequences of International Trade Law Adjudicatory Exceptionalism, 57 Vanderbilt Journal of Transnational Law (forthcoming 2023).