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With RBG’s Passing, Start Thinking About How to Rein in the Supreme Court

There is another, better, way to rein in partisan judges: by stripping the Supreme Court, and also the lower federal courts, of jurisdiction where Congress does not want partisan…
US Army guards watch over detainees at Camp Delta, 12 September 2002, in Guantanamo Bay, Cuba.

Toward a New Approach to National and Human Security: Close Guantanamo and End Indefinite Detention

Closing Guantanamo responsibly is not an intractable problem, the checkered history of prior efforts notwithstanding. It can be done, and in relatively short order, if decision-making…
The TikTok app showed on an Apple iPhone.

The Troubling Free Speech Implications of Trump’s TikTok/WeChat Sanctions

When expressive activity is increasingly happening online, we should all be concerned about expansive presidential powers that can effectively shut down some of those avenues of…
Neomi Rao, U.S. President Donald Trump's nominee to be a U.S. Circuit Court of Appeals judge for the District of Columbia Circuit, testifies during a Senate Judiciary confirmation hearing on Capitol Hill on February 5, 2019 in Washington, DC.

The D.C. Circuit, Conspiracy, and the Guantanamo Military Commissions: Third Time’s the Charm?

Eleven years since Congress authorized the third generation of post-9/11 Guantanamo military commissions, the substantive law governing them remains in doubt. The case of Bahlul…
The U.S. Supreme Court at night.

The Supreme Court’s Attack on Habeas Corpus in DHS v. Thuraissigiam

Refugees are the primary target of the Court’s decision in DHS v. Thuraissigiam, but the the opinion endangers everyone – U.S. citizens included – by reopening settled questions…
First Nations protestors man a barricade on Highway 6 near Caledonia, Ontario which the protestors set up in support of the Wet'suwet'en hereditary chiefs and the Tyendinaga Mohawks on February 26, 2020.

Post-Pandemic Canada: “At the Mercy of the Indian Race”?

Last winter, before the COVID-19 pandemic dominated headlines, Canada was already in the midst of a national crisis. This crisis stemmed from Indigenous opposition to the construction…
Trump and William Barr

Executive Absolutism on Trial

"President Trump ... had the sense that, as president, he should be allowed to do whatever he wanted, with no fear of consequences and no checks to his will from other branches.…
Speaker Pelosi And Women's Caucus Speak To Media On Equal Rights Amendment (ERA) on February 12, 2020 in Washington, DC.

In the Battle for the ERA, Global Constitutionalism and State Sovereignty

To reflect a generation of global constitutional developments on sex equality, have a democratic national conversation in Congress.
The US Supreme Court in Washington, DC, on January 22, 2019.

Immigration Maximalism at the Supreme Court

"The approach taken in these important cases is the opposite of 'minimalism,' and they provide important lessons for the long-term agenda of the Roberts Court."
The E. Barrett Prettyman Federal Courthouse, in Washington, DC, as seen from the sky.

What To Watch For In Michael Flynn’s Case On Tuesday

These four key issues may be on the judges' minds.
Saudi Crown Prince Mohammed bin Salman (C) arrives to attend a session during the Future Investment Initiative (FII) conference in the capital Riyadh on October 24, 2018.

US Suit Against Saudi Prince for Attempted Killing of Ex-Insider Faces Hurdles

Ex-Saudi intelligence official Saad Aljabri's claim over an alleged assassination attempt faces issues including jurisdiction and immunity.
Mothers form the front line of a protest march toward Mark O. Hatfield U.S. Courthouse on July 20, 2020 in Portland, Oregon.

U.N. Human Rights Committee General Comment No. 37 on Freedom of Assembly: An Excellent and Timely Contribution

General Comment No. 37 by the U.N. Human Rights Committee, the treaty body monitoring compliance with the International Covenant on Civil and Political Rights (ICCPR), was released…
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