courts
745 Articles

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…

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 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…

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 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…

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…

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.…

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.

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."

What To Watch For In Michael Flynn’s Case On Tuesday
These four key issues may be on the judges' minds.

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.

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…