courts
798 Articles
For Facebook’s Sake: Getting Conversant with Human Rights
The Facebook Oversight Board decision on former President Trump has helped bring into sharper focus what international law scholars and lawyers have long understood: international…
A New Consensus Around Transparency and National Security Surveillance
Civil libertarian arguments that were dismissed a decade ago are now broadly accepted, even at the highest levels of the intelligence community.
Torture Evidence and the Guantanamo Military Commissions
Burying evidence of torture, while surreptitiously admitting the fruits of torture is not what a decent legal system does. Bringing to justice those accused of atrocious crimes…
How Voter Suppression Laws Impede Religious Liberty: The Next Frontier of Litigation
New restrictive election laws have targeted more than the right to vote - they also implicate religious liberty.
Facebook Oversight Board’s Decision on Trump Sets Up New Tests
The board made critical recommendations: that Facebook reckon with its own role in amplifying content and overhaul its approach to high-reach accounts.
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…