courts
742 Articles
The President’s Private Army
How did we get here? Goitein discusses legal and political obstacles that faced President Trump's resort to other federal forces, why DHS is now his weapon of choice, what it may…
What Comes Next: The Aftermath of European Court’s Blow to Transatlantic Data Transfers
On Thursday, the European Court of Justice (CJEU) dealt a blow to the free flow of data across borders in the name of protecting privacy -- with global implications.
Suing Foreign States in U.S. Courts
Since the enactment of the Foreign Sovereign Immunities Act (FSIA) in 1976, foreign sovereigns have become subject to a number of statutory exceptions to immunity in U.S. courts.…
Top Experts: DOJ’s Bureau of Prison Blocking Michael Cohen Book about Trump Violates First Amendment
On Thursday morning, Michael Cohen, the president’s former lawyer and fixer, was returned to prison. Many readers like myself may have passed over the headlines for this particular…
Freedom of Expression and Political Controversy: The ECtHR’s BDS Judgment
In its June 11 Baldassi et al v. France judgment (French original not yet translated), the European Court of Human Rights (ECtHR) confirmed and reinforced the fundamental right…
Notes on John Bolton’s Brief Opposing the Government’s Motion to Enjoin Publication of His Book
Late last night, John Bolton filed his brief in opposition to the government’s motion for a temporary restraining order or preliminary injunction.
Questions for the Government in the Bolton Book TRO Hearing(s)
Goldsmith and Lederman deliver up a series of questions that will expose the strengths and weaknesses of the government's claims.
Assessing the Government’s Lawsuit Against John Bolton [UPDATED after Wednesday’s filing of a TRO motion]
An explainer about some common misconceptions, and how the litigation will likely play out.
What Does the Constitutional Right of Assembly Protect? What Counts as “Peaceable”? And Who Should Decide?
Municipal rules governing access to public space and existing criminal law significantly circumscribe protestors’ expressive freedom, especially their right to be disruptive.
Trump Administration Reverses Position on Corporate Liability Under Alien Tort Statute
In a brief filed last week, the Trump administration reversed its position on corporate liability under the Alien Tort Statute (ATS), urging the Supreme Court to grant certiorari…
Turkey Opened the Door to the European Court of Human Rights for Syrian Victims
With Turkey's occupation of parts of northern Syria, a new venue may now be available to victims: the European Court of Human Rights.
An Inquiry into DOJ’s Decision to Drop the Flynn Case Can’t Be Left to Judge Sullivan Alone
More than just wrong, interim U.S. Attorney Timothy Shea's filing of the motion also may have violated legal and DOJ ethics rules.