Democracy & Rule of Law
Rule of Law
1,044 Articles
A Wayward Way of Strategy: What Is the United States Doing in North Africa?
An October report from the Africa Center for Strategic Studies noted a rise in violent activity in the Sahel, up from similar data from January and April. Still, recent U.S.…
Initial Reactions to OLC’s Opinion on the Whitaker Designation as “Acting” Attorney General
Two former Office of Legal Counsel officials analyze OLC's opinion on Matthew Whitaker's legal status as Acting Attorney General.
Whistleblowers: The New “Insider Threat”
Thanks to information recently released by the Senate Judiciary Committee, we now have fresh, incontrovertible evidence that elements of the Intelligence Community (IC) have monitored…
Painful Lessons of Stripping Citizenship Can Be Found Across the Globe
The Trump administration’s quest to end “birthright” citizenship is not only unconstitutional and immoral, it defies our history and the lessons that mass citizenship-strippers…
The Constitutional Challenge to Robert Mueller’s Appointment (Part V): If Mueller is an Inferior Officer, Was Rosenstein’s Appointment Constitutional?
[With minor oral argument update; Nov. 8] In this final post, I’ll briefly describe the other two Appointments Clause arguments that appellant Andrew Miller makes in his challenge…
Explainer: Object Lessons in Mismanagement at the Donald J. Trump Foundation
Amid the many legal problems swirling around President Trump, New York state authorities have launched significant investigations of the Donald J. Trump Foundation. The Attorney…
U.S. Military’s “Collective Self-Defense” of Non-State Partner Forces: What Does International Law Say?
Earlier this month, Senator Tim Kaine made public a letter he wrote to Secretary of Defense Jim Mattis asking for clarification on the meaning of “collective self-defense of…
The Privacy and Civil Liberties Oversight Board’s Disappointing Report on PPD-28 Implementation
Edward Snowden’s revelations that the NSA engaged in massive spying operations overseas prompted outrage and political blowback from our closest allies. In an attempt to manage…
Conscientious Objectors and Whistleblowers: Sentencing Should Recognize First Amendment Interests
Whistleblower Terry James Albury, a former FBI agent in Minneapolis, will be sentenced for violations of the Espionage Act on Thursday, October 17, at 11:00 am Central Time. The…
On Big Brother Watch v. U.K.: The Future of Surveillance at Two Europe-Wide Courts
A recent opinion by the European Court of Human Rights was more limited than recent decisions concerning surveillance. The European Court of Justice should seize the opportunity…
What Due Diligence Backs U.S. Denial of Advance Knowledge of the Khashoggi Plot?
State Department spokesperson Robert Palladino's categorical denial that the US government knew of threat to Khashoggi may be a mistake that lasts a long time.
New U.K. Law Fails European Court Standards on Mass Interception Disclosed by Snowden
The U.K. government trots out its new surveillance legislation as curing the ills identified by the European Court of Human Rights. That's not the case. The Court’s judgment…