courts
745 Articles
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..
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…
We Do Need to Reform the Supreme Court
Why introducing a term limit or a mandatory retirement age for Supreme Court justices is needed.
What Are the Stakes of the Upcoming Elections in Benin?
Since becoming the first country in Africa to overthrow a military dictator by democratic means, the Republic of Benin has been a highly stable and robust democracy, widely renowned…
Terrorism and Other Dangerous Online Content: Exporting the First Amendment?
The First Amendment is no cause for the United States holding back from international multi-stakeholder efforts to address the spread of dangerous online content. Christchurch…
Upcoming Cases Provide Opportunities to Reassess the Application of the Due Process Clause at Guantanamo
Recognizing the Due Process Clause’s application at Guantanamo will help refocus litigation on the question of whether the remaining detainees pose such a significant threat…
The Next Judge: US Court of Appeals for the Armed Forces’ Looming Vacancy
In 2011, I wrote an essay for the Journal of National Security Law and Policy titled, “The Next Judge.” Here’s the introduction: The filling of a judicial vacancy provides…
Kunduz Airstrike Before European Court of Human Rights: Future of Jurisdiction and Duty to Investigate
The future of European Human Rights Court's jurisdiction and the future of States' duty to investigate civilian casualties in wartime.
We Don’t Need to Reform the Supreme Court
Politicization of the judiciary in the name of correcting the politicization of the judiciary is a bad policy foundation.
Authoritarian Populism, Courts and Democratic Erosion
The uniquely strong American judicial system managed to hold the line and, ultimately, fend off Donald Trump’s assault on U.S. institutions.
The Biden Administration Should Drop the Assange Case
A coalition of press freedom, civil liberties, and human rights groups has formally asked the Justice Department to abandon its appeal and dismiss the underlying indictment of…
Through the Looking Glass, Darkly: The Supreme Court’s Muslim Travel Ban Decision
Although the Muslim travel ban has now been consigned to the dustbin of history, it is worth reflecting how the Supreme Court’s decision already looks in retrospect.