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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 Courtroom of the European Court of Human Rights in Strasbourg with empty chairs. A banner at the front reads, “European Court of Human Rights” and the carpet in front of the bench shows the circle of stars against blue such as is on the European Union flag.

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.
Supreme Court Building

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.…
A human rights activist, dressed to resemble the now famous Abu Ghraib prison photo depicting an Iraqi prisoner being tortured, stands on a street corner during rush hour in front of the US Department of Justice 22 February 2005 in Washington, DC.

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…
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…
CIA Director John Brennan and Director of National Intelligence James Clapper, arrive to testify during a US House Committee on Intelligence hearing on Capitol Hill in Washington, DC, September 10, 2015.

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.
The old courtroom building, pictured through an opening from inside an airplane hangar used for media activities at Camp Justice, site of the US war crimes tribunal compound at Guantanamo Bay US Naval Base, Cuba, April 9, 2014. A guard stands at the opening of the hanger.

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…
Voters enter a polling station at the Zion Baptist Church on January 5, 2021 in Marietta, Georgia. A large sign reads, “Vote Here 7:00am – 7:00pm”

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.
Video evidence of Trump’s incitement of the January 6th attack on the Capitol is presented during Trump’s second impeachment trial. The video shows Trump at a podium speaking to the insurrectionists on January 6th.

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.
Belsat TV journalists Katerina Bakhvalova aka Andreeva and Daria Chultsova, who were detained in November while reporting on anti-government protests, flash the V-sign from a defendant's cage during their trial in Minsk on February 18, 2021.

Belarus Jailing of Journalists for Reporting on Peaceful Protest Violates International Law

An appeal hearing in Minsk offers a chance for the court to rectify an injustice that illustrates how reporters have been targeted for abuse..
The E. Barrett Prettyman Federal Courthouse, in Washington, DC, as seen from the sky.

Don’t Place Judicial Accountability In The Dark

Efforts to ensure the safety and security of federal judges – including by shielding certain personal information, such as addresses, from public disclosure – are sadly necessary…
The US Supreme Court is seen in Washington, D.C. The sky is sunny and blue, and bushes and trees stand outside the building.

We Do Need to Reform the Supreme Court

Why introducing a term limit or a mandatory retirement age for Supreme Court justices is needed.
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