courts
742 Articles

Brazil’s Digital Sovereignty Is Under Attack: How Courts, Platforms, and Constitutional Law Are Redefining Democracy Online
At the heart of Brazil’s approach to digital constitutionalism is a legal framework that treats platform governance as essential to democracy.

The Freedom of Information Act and Deteriorating Federal Transparency Infrastructure
Weakening FOIA does not merely impair public knowledge — it also reduces the likelihood that abuses will be detected and deterred.

In Argentina, a Bold Step for Global Justice: Holding the Chinese Government Accountable for Atrocities Against Uyghurs
A recent court decision in Argentina offers a source of hope to Uyghur victims seeking justice for Beijing's alleged atrocities in Xinjiang.

Classified Information and State Secrets: Why the Senate Must Consider National Security Risks in Judicial Confirmations
A vote to confirm a judicial nominee is a vote to grant that individual a lifetime security clearance and access to some of the country’s most closely held secrets.

Court of International Trade’s Flawed Ruling in Striking Down Trump’s Tariffs
On May 28, the U.S. Court of International Trade ruled Trump's tariffs exceed IEEPA's scope; the court's analysis is weak. These cases show limits of constitutional avoidance.

Whistleblower Documents Implicate Emil Bove in Criminal Contempt Order by Chief Judge Boasberg
Email released by whistleblower would presumably implicate Bove in the “contumacious conduct” identified by Chief Judge Boasberg.

The Trump Administration’s Multi-Front Assault on Federal Research Funding
Costs for scientific progress and the public could be profound if the Trump administration succeeds in significantly cutting research funding.

AI Copyright Wars Threaten U.S. Technological Primacy in the Face of Rising Chinese Competition
Outdated U.S. copyright laws could inadvertently boost Beijing's tech ambitions and its approach to IP globally.

Hanging “Like a Guillotine”: Trump v. CASA and the Risk of Statelessness
For the first time in modern history, children born on American soil may be rendered stateless. The risk to non-citizen children is real and urgent.

Pathways to “Universal” Relief After Trump v. CASA
CASA’s reasoning left open multiple avenues for litigants seeking to obtain broad relief against unlawful executive actions

After CASA: The Administrative Procedure Act Option for Challenging the Birthright Citizenship and Other Illegal Executive Actions
After Trump v. CASA, the APA offers a path to nationwide relief against unconstitutional executive actions—without relying on universal injunctions.

Nondelegation and Major Questions Doctrines Can Constrain Power Grabs by Presidents of Both Parties
Enforcing the nondelegation and major questions doctrines can help curb the danger posed by sweeping authority concentrated in a president of either party.