Christina D. Ponsa-Kraus

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The Insular Cases Run Amok: Against Constitutional Exceptionalism in the Territories

This Article calls on the Supreme Court to overrule—rather than repurpose—the Insular Cases, and it points to constitutional doctrines beyond their reach that can preserve cultural practices without spawning a crisis of political illegitimacy in the unincorporated territories.

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Political Wine in a Judicial Bottle: Justice Sotomayor’s Surprising Concurrence in Aurelius

This Essay criticizes Justice Sotomayor’s concurring opinion in Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, LLC. for offering a one-sided and misleading explanation of the island’s constitutional status, and thereby taking sides in Puerto Rico’s decolonization debate.