courts
745 Articles

The September 11 Military Commissions Trudge On
Nearly two decades after the September 11 attacks, we are still waiting for justice to be administered to the majority of the Al Qaeda suspects being held at Guantanamo—including…

CBP’s New Social Media Surveillance: A Threat to Free Speech and Privacy
U.S. Customs and Border Protection's efforts to map out the networks and activities of American activists and journalists through link analysis and social media monitoring pose…

Al-Nashiri III: A No Good, Very Bad Day for U.S. Military Commissions
A stunning, unanimous opinion of the DC Court of Appeals throws out every single pretrial order issued over the past 3 1/2 years in case of Al-Nashiri. What this says about the…

Assange Indictment Is Shot Across the Bow of Press Freedom
"The indictment seems to have been drafted not just to justify the prosecution of Assange but to tar legitimate journalistic activities by association with Assange’s alleged…

To Wrest Back Rule of Law in Poland, Might EU Bureaucracy Finally Work?
After years of flailing in efforts to curb Poland’s government from eviscerating the rule of law, an arcane element of the European Union structure might actually be working…

The Government’s Own Documents Show that Prepublication Review is Broken
In First Amendment lawsuit, groups obtain thousands of documents (through Freedom of Information Act litigation) that raise concerns about how the government censors the writings…

A Back Door to Controlling Judges: Poland’s Ruling Party Tries Another Ploy
Poland’s ruling Law and Justice Party has undertaken a systematic campaign for the past three years to control the Polish judiciary, culminating in recent, failed attempts to…

Canadian Supreme Court’s Chance to Reform Its Military Justice System
An upcoming Canadian Supreme Court decision may force significant changes to Canada’s military justice system.

Trump Investigations and the RICO vs Conspiracy Puzzle
Twitter debates erupted this week on a surprising topic: What are the relative advantages of charging racketeering versus conspiracy when considering wide-ranging criminal conduct…

Liberian War Crimes Claims Survive in Alien Tort Statute Case
Victims of human rights abuses abroad scored a win recently, when the U.S. District Court for Eastern Pennsylvania ruled in Jane W. et al. v. Thomas that claims involving war crimes…

Questioning Michael Cohen: An Advanced Course in Congressional Investigations
Michael Cohen, President Donald Trump’s former lawyer, has announced his willingness to testify before the House Oversight and Reform Committee and the House and Senate intelligence…

Corporations are People, Even When They Boycott Israel
Last week, the Senate passed a bill sponsored by Senator Marco Rubio (R-Fla.) that would permit state and local governments to deny contracts to corporations and government entities…