courts
745 Articles
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…
9/11 Case: Military Commission Convening Authority to Be Called as a Witness as to His Own Bias
W. Shane Cohen, the current judge presiding over the 9/11 case at Guantánamo Bay, has ordered the compulsion of testimony from the Office of Military Commissions’ convening…
Duty to Warn: Has the Trump Administration Learned from the Khashoggi Failure?
This attitude shift alone, if it has indeed taken place, is commendable, but should not reduce scrutiny of what happened in the Declan Walsh case.
“With a Little Help from Our Friends”: Prosecuting the ISIL “Beatles” in U.S. Courts
Civilian prosecution in U.S. courts remains by far the best option for reliably bringing the two ISIL detainees in U.S. custody to justice. The DoJ should look closely at whether…
Did the ECJ Just Give a Stamp of Approval to Poland’s Backsliding?
The European Court of Justice is set to rule this year or early next on Poland’s two-year-old revised disciplinary regime for judges, a central mechanism that the ruling Law…
18 Years After 9/11, Why Is Guantánamo Still Open?
That a child born on that day the planes hit would by now have gained the right to vote, but there has yet to be a trial of the alleged attackers, serves to highlight how painfully…
Second Circuit Gets Civil Forfeiture under the Foreign Sovereign Immunities Act Wrong
Are foreign states and their property immune from civil forfeiture suits brought by the U.S.? In a case involving a Manhattan skyscraper controlled by Iran, the Second Circuit…
“Fiat Justitia”: Implications of a Canadian Military Justice Decision for International Justice
A watershed ruling by Canada's Supreme Court sheds light on compliance of military justice systems with human rights norms.
Democratic Debates Round 2: Time to Ask About America’s Courts
When the Democratic U.S. presidential candidates face off in Detroit for their second debates July 30-31, they or the moderators should raise what will be one of the most pressing…
EU Court of Justice Grapples with U.S. Surveillance in Schrems II
Earlier this month, the Court of Justice of the European Union heard argument in Schrems II, a case that could limit companies’ ability to transfer data into the United States…