courts
745 Articles
Nuremberg Prosecutor says Guantanamo Military Commissions Don’t Measure Up
In an upcoming filing, the last living Nuremberg prosecutor, Benjamin B. Ferencz, says there is "very limited comparison" between the Guantanamo military commissions and the Nuremberg…
A Flaw in the Attorney General’s Policy Against Seizing Reporters’ Records
The new Guidelines hamstring prosecutors’ ability to counter the worst espionage, writes George Croner.
Course Correction Still Needed on Anti-Torture Obligations
The prohibition on torture is absolute. The government’s commitment to upholding it must be too.
Nestlé & Cargill v. Doe: What’s Not in the Supreme Court’s Opinions
The Court ruled out extraterritorial application of the Alien Tort Statute. But on other key questions -- including corporate liability, secondary liability, and the status of…
The Méndez Principles: A Focus on the Exclusionary Rule
To eliminate interrogation abuses, consistently bar all information gained via torture or cruel, inhumane and degrading treatment.
The Surprisingly Broad Implications of Nestlé USA, Inc. v. Doe for Human Rights Litigation and Extraterritoriality
In Nestlé USA, Inc. v. Doe, the U.S. Supreme Court took up the question of corporate liability for human rights violations under the Alien Tort Statute (ATS) for the third time.…
How the Biden Administration Should Take Torture-Derived Evidence Off the Table
In a decent legal system, the government does not ask courts to admit evidence derived from torture, nor does it press other arguments that disregard the absolute prohibition on…
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…
A New Consensus Around Transparency and National Security Surveillance
Civil libertarian arguments that were dismissed a decade ago are now broadly accepted, even at the highest levels of the intelligence community.
Torture Evidence and the Guantanamo Military Commissions
Burying evidence of torture, while surreptitiously admitting the fruits of torture is not what a decent legal system does. Bringing to justice those accused of atrocious crimes…
How Voter Suppression Laws Impede Religious Liberty: The Next Frontier of Litigation
New restrictive election laws have targeted more than the right to vote - they also implicate religious liberty.
Facebook Oversight Board’s Decision on Trump Sets Up New Tests
The board made critical recommendations: that Facebook reckon with its own role in amplifying content and overhaul its approach to high-reach accounts.