courts
742 Articles
Why the Flynn Dismissal Deserves a Hard Look by the Court
The judge presiding over the Michael Flynn case is right to take a hard look at the Department of Justice’s eleventh-hour motion to dismiss the false statements charge to which…
Getting It Wrong: The 9/11 Military Commission and the Justiciability of Armed Conflict
In an apparent effort to preserve its own jurisdiction while proceeding towards trial, the 9/11 military commission has made a hash of its armed conflict jurisprudence. It has…
Lawsuit Against Fox News Over Coronavirus Coverage: Can It Succeed? Should It?
There are reasons to be wary of lawsuits as a tactic for controlling the information that media outlets disseminate, even if it is to punish Fox News.
Public Officials Can’t Block Critics from Official Social Media Accounts
Last week, the U.S. Court of Appeals for the Second Circuit denied the Trump administration’s request for full court review of last year’s decision holding that the president…
Supreme Court of Canada Recognizes Corporate Liability for Human Rights Violations
While it seems clear that international human rights norms apply to corporations just as they apply to natural persons. But it is up to each nation to decide whether and how to…
Crossing the Rubicon: Major Developments on the Human Rights Obligations of Corporations
Two significant legal developments in the Americas — a Canadian Supreme Court judgment issued last week, and a report of the Inter-American human rights system — will…
An Ambitious Reading of Facebook’s Content Regulation White Paper
How might we move toward accountability in the face of irreconcilable clashes between Rights-era and Public Health-era values, particularly given the serious practical and civil…
Revised Justice Department Policy Still Silences Immigration Judges
Some of the sharpest critics of the Trump administration’s immigration policies are the former immigration judges who were once charged with enforcing them. But there’s a reason…
Military Justice Reform, the 2020 Pledge, and the President’s Power
A pledge by presidential candidates is necessary but more could be done. The next Congress should prioritize the independent military prosecutor measure. Failing that, a president…
Recent North Korea Sanctions Arrest Raises Questions About Free Speech Rights
Virgil Griffith, it’s safe to assume, did not have a happy Thanksgiving. On arriving at Los Angeles International Airport from abroad, he was arrested that day. An unsealed criminal…
Social Media Vetting of Visa Applicants Violates the First Amendment
The Knight First Amendment Institute and the Brennan Center for Justice sued the US government to stop social media vetting of visa applicants.
With Supreme Court Mired in Dark Money, Time for Large Dose of Transparency
Senator Sheldon Whitehouse writes that there is a dual problem with the Supreme Court: not only the web of special-interest, secret donor influence surrounding it; but an extraordinary…