Democracy & Rule of Law
Rule of Law
1,106 Articles

Civil Society Donors Should Heed the Risks of FATF Grey List-Induced Panic
The Financial Action Task Force's designations of countries to thwart terrorism financing more often result in governments suppressing civil society than in real reform.

America’s War on Drug Smugglers at Sea Is Unlawful—and It Is Failing
U.S. strikes against suspected drug-trafficking vessels mark an unlawful expansion of military force into what has long been—and should remain—a law enforcement mission.

“Fight Back: How States Can Counter Authoritarianism” Series
A series exploring the powers and authorities state and local governments have to check federal overreach and protect democratic norms and individual rights.

Collection: U.S. Lethal Strikes on Suspected Drug Traffickers, Operation Southern Spear, Operation Absolute Resolve
Collection of expert analysis on the legality of the U.S. strike on Venezuelan vessels in the Caribbean, the consequences of the strike, and related issues.

What the Presumption of Regularity’s Erosion Means for Challenges to Executive Action
The erosion of the presumption of regularity presents opportunities to those challenging the Trump administration’s agenda in court.

The Anti-Corruption Tracker: Mapping the Erosion of Oversight and Accountability
This Anti-Corruption Tracker focuses on the erosion or dismantling of oversight and accountability systems within the United States Executive Branch.

U.S. Supreme Court’s Rejection of the “Presumption of Regularity”
Trump v. Cook marked a significant break from the traditional judicial deference known as the "presumption of regularity."

Collateral Accountability: The Oldest Check on Federal Lawlessness
As a federal-level accountability desert forms, states are reviving "collateral accountability" — damages suits against federal officers who violate constitutional rights.

A Sentence in Damascus and An Accused in Moscow: The Limits of Syria’s First Attempt at Accountability
Bashar Al-Assad's in absentia conviction represents a milestone in Syria's justice system, but the trial was plagued by glaring problems.

Why the Trump Administration is Pushing States to Quit the ICC, and How Member States Can Push Back
States parties should use the United States’ bid for support in its fight against the ICC to push back on Washington’s attempt to dismantle the Court.

States Can Fight Federal Overreach by Protecting State Data
States must be vigilant stewards of their data — auditing what they hold, limiting what they share, and enforcing legal constraints against federal overreach.

“Can We Do This?”: The Role of Military Leaders and Their Legal Advice
On the role of U.S. military leaders in addressing legal constraints and strategic questions.