Civil Liberties

US President George W. Bush signs into law an anti-terrorism bill that expands police and surveillance powers in response to September 11 attacks on the World Trade Center and the Pentagon, 26 October 2001 in the East Room of the White House in Washington, DC. With Bush from left to right are Rep. Mike Oxley, R-OH, Sen. Orrin Hatch, R-UT, Sen Pat Leahy, D-VT, Sen. Harry Reid, D-NV, and Rep. James Sensenbrenner, R-WI.

Rethinking Surveillance on the 20th Anniversary of the Patriot Act

20 years ago, Congress enacted the PATRIOT Act. It's time to move on from that outmoded model of surveillance.

Oct. 26, 2021 Sharon Bradford Franklin

A screenshot from C-SPAN showing headshots of the Supreme Court justices. The caption underneath reads, “State Secrets, Torture & CIA Black Sites; Oral Argument; United States v. Zubaydah”

Ruminations on the Abu Zubaydah Supreme Court Oral Argument: Three Surprising Turns

“The Supreme Court oral arguments in U.S. v. Husayn (Abu Zubaydah) took a number of surprising but welcome turns."

Oct. 18, 2021 Joseph Margulies

A protester holds a placard reading "Parasites! Your Host Is Dying!" during a demonstration in front of the Bosnian government building in the centre of Sarajevo, on April 6, 2021.

Human Rights Plaintiff: US-EU Election Plan for Bosnia Rewards Nationalist Agendas

A politically expedient "fix" would sideline citizens, including those who fought to open the system via the European Court of Human Rights.

Oct. 5, 2021 Azra Zornić

The United Nations headquarters in New York

Polemical Pacifism: The Wonkfare of Samuel Moyn

NYU's Rob Howse reviews Samuel Moyn's latest book, Humane.

Sep. 28, 2021 Robert Howse

Rep. Adam Kinzinger (R-IL), and Rep. Jamie Raskin (D-MD) listen to testimony from DC Metropolitan Police Department Officer Michael Fanone before the House Select Committee investigating the January 6 attack on US Capitol on July 27, 2021 at the U.S. Capitol in Washington, DC.

In the Wake of the January 6 Attacks, Will Congress and the Administration Heed the Lessons of 9/11?

The need to respond forcefully to the insurrection should not be conflated with the need for new legal authorities.

Sep. 20, 2021 Russ Feingold

The empty courtroom of the U.S. Supreme Court is seen September 30, 2016. Curtains are parted to reveal chairs, pews, and the seats for the judges at the front of the room.

Activism and Consequences

A response to Margulies and Azmy.

Sep. 18, 2021 Samuel Moyn

Demonstrators, including Reverend Jesse Jackson, rally in protest calling on US President Barack Obama to end the "War on Drugs." They carry a banner reading, “Day of Direct Action; President Obama and the Nations…End the War on Drugs and Mass incarceration; Invest in America’s ‘Dark Ghettos’”

With America Out of a Major Foreign War, Time to End One at Home

Many of the tragedies and sins associated with failure in the war in Afghanistan could equally apply to the "war on drugs.”

Sep. 14, 2021 Elliot Williams

Michael Ratner, a US Military Defence Lawyer and one of the counsel in the US Supreme Court, listens during a press conference concerning the situation of prisoners in Guantanamo Bay in London, 24 March 2004.

The Humanity of Michael Ratner, The Fabrications of Samuel Moyn

Joseph Margulies and Baher Azmy write to set the record straight.

Sep. 13, 2021 Joseph Margulies and Baher Azmy

Two tall greyscale rectangles cast dark shadows representing the Twin Towers. Text reads, “How Perpetual War Has Changed Us: Reflections on the 20th Anniversary of 9/11”

In the “War on Terror,” What Did Rights Organizations Get Wrong?

A leading human rights lawyer raises provocative questions about track record of U.S. human rights organizations. An essay in advance of a live event on Thursday night to discuss…

Sep. 7, 2021 Jameel Jaffer

The Path Not Taken: Reimagining the Post-9/11 World

What would the world today look like if the US had responded to the 9/11 attacks with criminal law instead of through the lens of war?

Sep. 7, 2021 Rebecca Hamilton

A man sits in front of a store with a sign on the windows reading, “Black Wall Street Corner Store and More” in the Greenwood neighborhood in Tulsa, Oklahoma, on May 31, 2021.

Why “Buy Black” Is Not Enough: The Devastating Legacy of the Tulsa Race Massacre

The Massacre destroyed not only Black generational wealth but also the political and civil power that is tied to economic success.

Sep. 1, 2021 Warigia Bowman

A prisoner paces in a gated indoor area before evening prayers at the "Gitmo" maximum security detention center on October 22, 2016 at the U.S. Naval Station at Guantanamo Bay, Cuba.

What the U.S. Withdrawal from Afghanistan Could Mean for Guantanamo Detainees and the Due Process Clause

The D.C. Circuit will soon consider the consequential question of whether the Due Process Clause applies to Guantanamo detainees.

Sep. 1, 2021 Jonathan Hafetz