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720 Articles
Police stand at a crosswalk in front of a building with a chain link and tarp fence which protesters have written on.

Why the Calls to Deploy Military Force in the US Protests Weren’t Surprising

Trump's and Cotton's rhetoric might be extreme, but the concepts they espouse are simply a culmination of a trend unfolding over at least 50 years.
Protesters take video and photos of police in helmets and respirators on June 14, 2020 in Richmond, United States.

Black Lives Matter Might Just Rescue American Democracy

The movement forces Americans to recognize and confront the deep and longstanding connection between racist and authoritarian violence.
The president of the Human Rights Council, Austrian Ambassador Elisabeth Tichy-Fisslberger, wearing a protective facemask attends a press conference during the resuming of a UN Human Rights Council session after it interruption in March over the coronavirus pandemic on June 15, 2020 in Geneva.

The UN Should Establish a Commission of Inquiry on Systemic Racism and Law Enforcement in the United States

A strong call from the U.N. Special Expert on Contemporary Forms of Racism, professor E. Tendayi Achiume.
A demonstrator walks in front of a row of military police members wearing riot gear as they push back demonstrators outside of the White House, June 1, 2020 in Washington D.C.

Statement of Homeland and National Security Leaders

Former Republican and Democratic cabinet members and other senior officials speak out about protests, use of the military, racial justice, and policing.
Trump walks with US Attorney General William Barr (L), US Secretary of Defense Mark T. Esper (C), Chairman of the Joint Chiefs of Staff Mark A. Milley (R), and others from the White House to St. John's Church where tear gas was used to clear the crowd on June 1, 2020 in Washington DC. Only one person in the background has a face mask. No one is social distanced.

The Untold Power of Bill Barr to Direct US Military Forces in Case of “Civil Unrest”

Whether deployed against protests for racial justice or deployed to interfere with free and fair elections in November, the US military operations would be led by Bill Barr, not…
Michael Flynn, Russian Ambassador Sergey Kislyak, and Solicitor General Noel Francisco

Four Remarkable Arguments in DOJ’s Latest Brief in the Michael Flynn Case [UPDATED with links to reply/response briefs]

A couple of weeks ago, I published a very long, comprehensive post in which I tried to explain all the ins and outs of the Michael Flynn case, from 2016 to the present day.  Since…
A large number of police in riot gear including batons block protestors demonstrating against police brutality and the murder of George Floyd. Many protestors carry colorful umbrellas due to the bad weather. The umbrellas mostly obstruct the view of the front line of protestors but some police can be seen pushing protestors on the side.

What Does the Constitutional Right of Assembly Protect? What Counts as “Peaceable”? And Who Should Decide?

Municipal rules governing access to public space and existing criminal law significantly circumscribe protestors’ expressive freedom, especially their right to be disruptive.
Police advance on demonstrators who are protesting the killing of George Floyd on May 30, 2020 in Minneapolis, Minnesota. They are dressed in riot gear and carry very large batons. A large cloud of tear gas can be seen behind the police.

New Complicity Charges Filed in the Killing of George Floyd

UPDATED As millions of people take to the streets demanding racial justice, accountability for police violence, and the demilitarization of the police, the case against the ex-police…
A Black Lives Matter protest on June 4, 2020 in New York City. Demonstrators hold signs, one is a large picture of George Floyd, who was killed by police on May 25th. Other signs read, “Black Lives Matter,” “Color is not a crime,” “Brionna Taylor Say Her Name,” White Silence Equals Violence,” and “Stop Police Brutality.” Demonstrators wear face masks due to the coronavirus.

The United States’ Racial Justice Problem Is Also an International Human Rights Law Problem

An essay by United Nations Special Rapporteur on Contemporary Forms of Racism, Professor E. Tendayi Achiume.
Police officers wearing riot gear shoot tear gas at demonstrators at St. John's Episcopal Church outside of the White House, June 1, 2020 in Washington D.C.

If We Could See Ourselves from the Outside

Can a change of perspective dislodge the assumed inevitability of an enduring democracy?
Police in riot gear but without face masks form a line blocking protesters who wear face masks in Washington, D.C. on June 3, 2020..

The U.S. Constitution and Limits on Detention and Use of Force in Handling Civil Unrest

Under what circumstances may the government use lethal and non- or lesser-lethal force in the face of unlawful protests, riots, and looting?
Donald Trump, William Barr, Mark Meadows, and Kayleigh McEnnany outside of St John's Episcopal church across Lafayette Park in Washington, DC on June 1, 2020.

Trump’s Moves Are Right Out of the Authoritarian Playbook

Trump's recent actions may be of a man fearful of looking weak to the world, but they are also redolent of how authoritarian regimes in countries the world over have responded…
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