Democracy & Rule of Law
Rule of Law
1,129 Articles
Commandeering, Coercion, and Executive Power
States have constitutional protections against commandeering and coercion — but face a new challenge when the federal government sidelines states completely.
New International Criminal Court Sanctions and the Threat to U.S. Democracy
The U.S. sanctions against International Criminal Court judges and officials are a threat to constitutional rights in the United States.
Introduction to “Fight Back: How States Can Counter Authoritarianism” Series
State and local governments have constitutional and legal powers that can be harnessed to challenge repressive federal actions and to advance meaningful freedom and equality.
The Road to Dismantling the ICC Runs Through Tokyo
The ICC's ability to function will depend significantly on Japan's response to the U.S. sanctions against the Court's Japanese president.
The U.S. Government Must Preserve the Soft Power of Its Sanctions
To maintain sanctions' effectiveness as a tool, governments should strive to implement them with clarity, consistency, and credibility.
The Government’s Unexplained Reversal on Social Media Disclosure Requirements
Social media disclosure requirements implicate fundamental First Amendment rights, and the public has a right to know why they were implemented.
The Court That Removed Its Own Prosecutor
After the vote to remove Karim Khan, it is urgent that the ICC appoint a new Chief Prosecutor whose ethical compass is beyond reproach.
Test, Standardize, Restrict: A U.S. Policy for Chinese AI Models
Neither banning Chinese advanced AI models nor ignoring their risks to national security will serve American interests.
Four Things State and Local Prosecutors Can Do to Combat Federal Corruption
State attorneys general and local district attorneys can take action to uphold the rule of law in the face of unlawful federal actions.
Iran’s Conditions for Reopening Hormuz: What International Law Requires, Permits, and Forbids
Expert analysis of how Iran's conditions for reopening the Strait of Hormuz fit within the strictures of international law.
“In Focus” Syllabus Supplements: U.S. Lethal Strikes on Suspected Drug Traffickers, Operation Southern Spear, and Operation Absolute Resolve (2025–2026)
This syllabus supplement offers curated articles intended to be combined with traditional casebooks in a law school or other higher education classroom.
“In Focus” Syllabus Supplements: ICE and CBP Operations in Minnesota and Other States (2025–2026)
This syllabus supplement offers curated articles intended to be combined with traditional casebooks in a law or higher ed classroom.