courts
745 Articles
How to Fix the U.S. Litigation Position in Key Pending Cases
The Biden administration has the opportunity, and responsibility, to disavow the Trump administration’s dangerous litigation positions and the ideologies they reflect in these…
Incitement to Violence Ain’t Free Speech
The First Amendment protects abstract appeals for illegal actions. But there can and should be criminal liability for speech that incites the likely and imminent risk of violence.…
Impeachment Defense, the Constitution, and Bill of Rights
The question at the moment isn’t whether the president could be charged with incitement to violence in criminal court.
Responding to the Capitol Attack: Accountability Without Overreaction
There are many indisputable facts about last week’s violent and deadly incursion into the Capitol building. It is beyond debate that the fiasco included multiple criminal acts.…
On Guantanamo’s 19th Anniversary, A Renewed Call to Close It
Nineteen years ago today, the administration of President George W. Bush sent the first detainees to the Guantanamo Bay Detention Center for the purpose of detaining them beyond…
Father-Son Separation at US Border Illustrates Lasting Harm That Demands Redress
The abuses they faced under the Trump administration's immigration policy echo those revealed in a new Human Rights Watch investigation.
Ugandan Human Rights Lawyer Fights Charges on Eve of Presidential Election
Following a now-predictable pattern in the leadup to the polls, authorities have hastened arrests of political opponents and critics of President Museveni.
Nestlé & Cargill v. Doe Series: Meet the “John Does” – the Children Enslaved in Nestlé & Cargill’s Supply Chain
[Editor’s Note: This article is part of a Just Security series on the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill Inc. v. Doe I, which was argued before…
Nestlé & Cargill v. Doe Series: Shielding American Corporations from Liability Undermines the United States’ Moral Authority
Corporate defendants argue that courts should let Congress decide if and when to impose liability for human rights abuses abroad. But Congress has already spoken: through the Trafficking…
Nestlé & Cargill v. Doe Series: Judicial Activism, Corporate Exceptionalism, and the Puzzlement of Nestlé v. Doe
Congress has amended the Alien Tort Statute only three times. Yet judicial interpretation has significantly limited the statute's reach through "shadow amendments" to the text.…
Polish Government’s Attacks on Rule of Law Violate Not Only EU Norms but International Law
The repeated violations of fundamental rights and principles corrode the very foundations of the democracy Poland fought so hard to win.
Nestlé & Cargill v. Doe Series: Holding the Aiders and Abettors of Atrocity to Account
Do the Alien Tort Statute and Torture Victim Protection Act apply to those who aid in atrocities? Human rights groups - who use the statutes to prosecute these crimes - say yes.