courts
742 Articles

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.

Supreme Court Should Address Prior Restraints on Former Gov’t Employees
U.S. intelligence agencies prohibit millions of former public servants from speaking or writing about government policy without first obtaining the government’s approval - based…

The Beginning of the End for Criminal Defamation in the Americas? The El Universo Case
The judgment strengthens media freedom by repudiating a historic legal tool to stifle dissent and flagging the need for legislative measures.

¿El principio del fin de la difamación penal en las Américas? El caso de El Universo
El fallo del Tribunal es verdaderamente importante para la libertad de los medios de comunicación de la región.

Tunisia’s Democratic Backsliding and Economic Woes Illustrate the Limits of Transition
Transitional justice mechanisms confronted bad timing, political infighting, and demands for structural changes that drove the revolution.

The Supreme Court Should Stop Individual States From Dictating National Immigration Policy
"Sooner or later, the shoe will be on the other foot, as it was with Trump before Biden, and Obama before Trump. None of us should want to live in a country where a few states…