Democracy & Rule of Law
Rule of Law
1,043 Articles

Cuba Libre: One Man’s Morality or Our Law?
We former JAGs must find new ways to examine, protest, and talk to our fellow Americans about this administration’s flagrant and accelerating misuse of the armed forces.

Criminal Justice Reform Didn’t End — It Decentralized
While federal rhetoric and policy have shifted sharply in a punitive direction, state governments continue to serve as the primary engines of criminal justice reform.

Hegseth Didn’t Revive an Ancient Warrior Ethos. He Repeated an American Pattern.
Hegseth's "no quarter" statement indicates how some in the Pentagon perceive the Iran war. "No quarter" language in US history has appeared when war turns colonial or racial.

Epstein and His Co-Conspirators’ New York Crimes: What NY Officials Can Now Do
Four options that New York's Governor, Attorney General, legislature, and city officials can take to pursue accountability and transparency for Jeffrey Epstein's crimes.

Technology and the ICRC’s GC IV 2025 Commentary
Surveys how the 2025 ICRC GC IV Commentary integrates technology into its analysis of specific rules, while raising concerns about its treatment of data as property.

The Deeper Problem with ICE’s Arrest Warrants
DHS regulations do not ensure that ICE arrest warrants are supported by reliable probable cause findings. That failing poses significant Fourth Amendment risks.

For Lasting Stability, Venezuela Needs a Peace Process
After the U.S. capture of Maduro, rigorous national dialogue and power-sharing could help heal internal fractures, rebuild institutions, and prepare for elections.

What Hegseth’s “Supply Chain Risk” Designation of Anthropic Does and Doesn’t Mean
Abuse of a tailored national security authority to resolve an ideological dispute playing out over DoD’s desire to change its contractual terms should not be taken lightly.

“Significantly Diminished”: Commenting Anew on Article 23 of Geneva Convention IV in a Transformed Legal Context
New Commentary on GC IV describes Article 23—the treaty’s key provision governing the duty to allow the passage of essentials to civilians—as "significantly diminished" today.

The Trump Administration’s Theory of Constitutional War Powers: “The President Could Decide”
The legal memo justifying its Venezuela operations provides insight into the administration's use-of-force decisions and the factual evidence undergirding them.

International Reactions to Military Strikes on Iran: A Tipping Point for the UN Charter?
Positions taken at the UN Security Council are a harbinger of whether the legal cornerstone of the international order that is designed to maintain world peace can hold.

Toward A Just and Lawful Peace in Ukraine: Part II
As the war in Ukraine continues to unfold, international lawyers must keep insisting that law be injected into diplomacy and accountability into power politics.