courts
747 Articles
The Politics of the ECCC: Lessons from Cambodia’s Unique and Troubled Accountability Effort
"For all its problems and shortfalls, the ECCC has managed to sentence a head of state for genocide. In a region where authoritarianism is on the rise, the significance of this…
The News Media’s “Democracy Beats” Won’t Beat Back Autocracy
To protect democracy, the press must do more than punish stories. It needs to collaborate, support unions, litigate, and improve diversity.
Poland’s Judicial Reform Falls Short of EU Expectations, Complicating Cooperation Against Russia
Pres. Duda’s failure to reverse course on actions that increase tensions and decrease solidarity in Europe weakens their alliance with the US.
The ECCC Begins Winding Down: In Cambodia, a Hybrid Tribunal’s Hybrid Legacy
Constrained by domestic politics and with its final verdict delivered, the ECCC's legacy – like its nature – is a hybrid one.
European Court Tackles the Thorny Issue of Family Repatriation From Northeast Syria
Despite its shortcomings, the ECHR decision on repatriation of alleged IS family members from Syria marks an important turning point.
Rebooting Bosnia’s Constitutional Reform Process
A recent election law debacle calls for a major rethink of Western policy in Bosnia, rooted in genuine democratic principles.
Assessing Trump’s Claim of ‘Executive Privilege’ on FBI Access to MAL Docs
"In short, the notion that a former president can block his successor from accessing presidential records that the incumbent believes he needs for purposes of carrying out executive…
Is MBS Entitled to Head of State Immunity?
A leading transnational law scholar on why MBS is not entitled to head of state immunity, the act of state doctrine does not bar claims in a civil suit arising from Khashoggi's…
8 Top Experts on Strength of Dominion Suing Trump for Defamation, If It Wants To
"Almost every expert said a defamation suit brought by Dominion against Trump would be very strong."
9/11 Families Pursuing Justice Call for Majid Khan’s Plea Agreement to Be Fulfilled
A powerful and compassionate call for the U.S. government to honor plea agreements, end military commissions, close Guantánamo, and give justice to 9/11 families and Guantánamo…
Protecting the Freedom of Peaceful Assembly After Bruen: A Roadmap for State Lawmakers
Presence of firearms at "sensitive places" may implicate First Amendment rights of peaceful protesters, the fundamental right to vote, and the safety of lawmakers carrying out…
Answering the Supreme Court’s Call for Guidance on the Alien Tort Statute
Proposed Alien Tort Statute Clarification Act would clarify Congress's intent on extraterritorial jurisdiction over violations of laws of nations.