Democracy & Rule of Law
Rule of Law
1,129 Articles

How to Choose Which Military Members to Hold Accountable for Illegal Boat Strikes
A retired judge advocate explains how a future administration could decide who to prosecute for the illegal strikes on alleged drug-trafficking boats.

Why It’s Wrong to Involuntarily Mobilize Reserve JAGs for Immigration Cases
Federal law specifies that involuntary mobilization is to be used only to provide military forces for war or national emergencies.

Justice Gorsuch’s Slaughter Opinion is a Direct Threat to Congress
In light of recent Supreme Court rulings, Congress should act now to assert the full extent of its authority over the federal bureaucracy.

The Dangers of Florida’s New “Terrorist” Designations
Anyone who cares about the First Amendment should be concerned about HB 1471 and the spread of state-level terrorism designation laws.

What does the Trump Administration Statement on Dismantling the ICC Really Mean?
International law experts respond to the Trump administration's campaign to "dismantle" the International Criminal Court.

Revived Islamophobic Narratives Pose Renewed Danger as Bosnia Commemorates the Srebrenica Genocide
Bosnian Serb leader denies the mass killings, rapes, and ethnic cleansing of Bosniaks while reviving racist, anti-Muslim narratives that preceded the atrocities.

“Lost to History”: Uses and Abuses of the Past in Slaughter and Cook
In these two cases, the Court misread history with an unmistakable result: two fundamentally irreconcilable decisions.

It Takes More Than Two to Tango: Creating Effective Export Controls on Semiconductor Manufacturing Equipment
The U.S. needs to lead a new export control regime -- coordinating with its partners and allies -- to constrain China’s ability to produce advanced and foundational chips.

Breaking the Cycle: Transitional Justice in America After Trump
A post-Trump America must finally turn transitional justice tools inward and reckon with failures it has long refused to face if it aims to repair, not simply ignore.

To Help Venezuelans After the Quake, End U.S. Sanctions
The single most important move the U.S. could make to aid Venezuela would be to lift all remaining economic sanctions on the country while maintaining some on individuals.

Not Seeing the Forest for the Trees: Historical Commissions Are Crucial for Syria
Transitional justice approaches in Syria must not isolate periods of oppression from the broader contexts that enabled them.

How Defending Free Speech Can Unite Unlikely Allies
The Trump administration's threats to First Amendment rights have inspired a broad front defending free speech, freedom of the press, protest rights and more.