Constitution

Two tall greyscale rectangles cast dark shadows representing the Twin Towers. Text reads, “How Perpetual War Has Changed Us: Reflections on the 20th Anniversary of 9/11”

Paradigm Shift: The Consequences of Choosing a War Path, and Leaving It

We owe it to the next generation to grapple now with the consequences of remaining at war -- as well as the consequences of choosing not to be -- lest we find ourselves reflexively…

Sep. 11, 2021 Tess Bridgeman

Taliban spokesman Zabihullah Mujahid addresses a press conference in Kabul on September 7, 2021. Flags of the Taliban stand on both sides of the desk he sits at.

Between Legitimacy and Control: The Taliban’s Pursuit of Governmental Status

Recognition of a government involves calculations of both law and politics. What factors will influence States' response to the Taliban?

Sep. 7, 2021 Federica Paddeu and Niko Pavlopoulos

Side by side photographs of law enforcement in full riot gear with helmets, shields, bullet proof vests, and camouflage clothing marching near Lafayette Park on June 1, 2020 and considerably less law enforcement in less imposing gear and without shields at the U.S. Capitol on January 6, 2021. The second photograph also shows white supremacists carrying flags and greatly outnumbering law enforcement. Law enforcement in the first photograph tear gassed protestors (not shown) who were protesting the murder of George Floyd and larger racial injustices. Law enforcement in the second photograph used minimal force against violent Trump supporters as they stormed the U.S. Capitol.

The National Guard at Lafayette Square and the January 6th Attempted Insurrection: Fixes for the FY2022 NDAA

Congress should close the loopholes that allow the federal government to circumvent the Posse Comitatus Act.

Aug. 31, 2021 Cole Blum and Soren Dayton

An aerial view of the Mall in Washington DC. The US Capitol Building is seen at the end of the mall and the image shows the buildings surrounding the Mall as well. Many trees have bare branches as the date of the photo is November 21, 2008.

The Broader Significance of the Justice Dep’t Opinion on Congress Obtaining Trump Tax Records

Unpacking the Office of Legal Counsel's opinion, how it lines up with past administrations, what it means for future congressional oversight.

Aug. 13, 2021 Andy Wright

US President Joe Biden speaks to members of the media standing outside an airplane at Heathrow, west of London, on June 13, 2021.

Don’t Let the Autocrats Win – How Biden Can Use the Democracy Summit to Build Back Media Freedoms

Autocracy is on the march, but Clooney presents a toolkit with four specific devices to help protect press freedom around the world.

Jul. 29, 2021 Amal Clooney

A long list blown up in poster size of "public complaints" against Facebook policies, including the social media giant's political stances, data security lapses, politicization, privacy violations and misinformation, is taped to the outside of their office building during a protest led by the organization Public Citizen in Washington, DC, May 25, 2021.

Facebook’s New Dangerous Individuals and Organizations Policy Brings More Questions Than Answers

The company has responded to criticism with clarifications and revisions, but the rules require a fundamental rethink.

Jul. 20, 2021 Faiza Patel and Mary Pat Dwyer

Sviatlana Tsikhanouskaya, Belarusian human rights activist and politician who ran for the 2020 Belarusian presidential election, delivers a speech during the Sakharov in the European Parliament on December 16, 2020 in Brussels, Belgium. Sviatlana stands at a podium in front of a sign reading, “The democratic opposition in Belarus.”

Can Belarus Be Free? Yes, But the West Will Need to Show More Resolve – and Less Fear of Putin

Lukashenka is escalating his repression, defying the West, even as democratically elected leader Sviatlana Tsikhanouskaya visit Washington.

Jul. 19, 2021 Eric Chenoweth and Irena Lasota

Cubans are seen outside Havana's Capitol during a demonstration against the government of Cuban President Miguel Diaz-Canel in Havana, on July 11, 2021.

Turning Cuba’s Internet Back On: International Legal Options

Top cyber law expert writes that the United States government can restore Internet and social media service to Cuban people under international law.

Jul. 19, 2021 Michael Schmitt

Facebook co-founder, Chairman and CEO Mark Zuckerberg testifies before the House Energy and Commerce Committee in the Rayburn House Office Building on Capitol Hill April 11, 2018 in Washington, DC.

A Deeper Dive: Facebook’s Response to Oversight Board on Trump May Be Less Than It Appears

A deeper dive shows the company is not ready to engage with the board's most far-reaching recommendations,

Jun. 21, 2021 Faiza Patel and Mary Pat Dwyer

A phone screen shows a statement by Trump on May 5, 2021. Another screen in the background shows an image of Trump. The statement text reads, “What Facebook, Twitter, and Google have done is a total disgrace and an embarrassment to our country. Free Speech has been taken away from the President of the United States because the Radical Left Lunatics are afraid of the truth, but the truth will come out anyway, bigger and stronger than ever before. The People of our Country will not stand for it! These corrupt social media companies must pay a political price, and must never again be allowed to destroy and decimate our Electoral Process.”

For Facebook’s Sake: Getting Conversant with Human Rights

The Facebook Oversight Board decision on former President Trump has helped bring into sharper focus what international law scholars and lawyers have long understood: international…

Jun. 10, 2021 Deborah Pearlstein

Belarusians living in Poland and Poles supporting them hold up a placard reading 'Free Roman Protasevich' during a demonstration in front of the European Commission office in Warsaw on May 24, 2021, demanding freedom for Belarus opposition activist Roman Protasevich a day after a Ryanair flight from Athens to Vilnius carrying the dissident journalist was diverted while in Belarusian airspace. The demonstrators wear face masks.

In Belarus, Who’s the Terrorist? Another Step in the Crackdown on Journalists

The case of Roman Protasevich is nothing more than a step – albeit unprecedented and shocking – in the incremental use by States, across the globe, of legislation to counter…

Jun. 8, 2021 Anne Charbord and Jeanne Sulzer

Folly at the Supreme Court: Choosing Between Competing Originalist Claims

Former White House Counsel Neil Eggleston says that a dispute about removal power illustrates the fool's errand of originalism: history is messy, complex, and disputed, offering…

May 18, 2021 W. Neil Eggleston