courts
745 Articles

Nestlé & Cargill v. Doe Series: Mapping Amici Arguments
The Nestlé/Cargill v. Doe litigation has attracted dozens of amici briefs arguing over corporate liability, extraterritorial reach, separation of powers, and the aim of the Alien…

US-Opposed Probe of Colombia’s Uribe Is Essential Step in Road to Peace
Uribe was released under pressure last month, but attempts to thwart transitional justice will only undermine efforts to sustain the 2016 peace agreement.

A Path for Renewing Guantanamo Closure
Although closing the 20-year-old detention facility at Guantanamo Bay, Cuba (GTMO) may not be a marquee issue among the many significant challenges Joe Biden will face as president…

The Alien Tort Statute and the Law of Nations: New Historical Evidence of Founding-Era Understandings
In extraordinary original research, David Golove has uncovered contemporary evidence on the original intent of the Alien Tort Statute — evidence which strongly supports its extraterritorial…

Nestlé & Cargill v. Doe Series: Corporate Liability, Child Slavery, and the Chocolate Industry – A Preview of the Case
The upcoming case of Nestlé/Cargill v. Doe presents novel and consequential questions about the Alien Tort Statute, including its extraterritorial reach, imposition of corporate…

Nestlé & Cargill v. Doe: Introduction to a Symposium
The Supreme Court will hear arguments on Dec. 1 in the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill Inc. v. Doe I. Brought against two major chocolate manufacturers…

The Urgent Need to Restore Independence to America’s Politicized Immigration Courts
Incoming President Biden should do all in his power to reestablish fairness, consistency, and efficiency in a system hobbled under the Department of Justice.

Saudi Arabia’s MBS Served with Extrajudicial Killing Lawsuit – Via WhatsApp
Electronic service of process -- including via social media -- has become an increasingly common practice. Gone are the days of the pizza delivery ruse.

The U.K. Overseas Operations Bill: An Own Goal in the Making?
Many of those objecting to the bill in a constructive spirit acknowledge the problem the government is seeking to address, but chide it for going about it the wrong way.

Good Governance Paper No. 5: Prepublication Review — How to Fix a Broken System
Fifth in series of top experts exploring proposals to restore and promote nonpartisan principles of good government, public integrity, and rule of law.

Trump’s Executive Order on the ICC is Illegal, Not Just Shameful
Significant First Amendment concerns are raised by the administration's sanctions against the International Criminal Court and against those who support the ICC's work.

The Verdict in the Khashoggi Murder Isn’t Final By Any Stretch
The world must show MBS, Putin, the IRGC, and other would-be princely assassins the heavy price they will pay for murdering their citizens abroad.