courts
742 Articles
Trump’s Bookkeeper: How Prosecutors Could Easily Prove Tax Crimes for Hush Money Reimbursements
Federal and state prosecutors' textbook strategy looks likely to prove tax crimes based on SDNY's court filings in Michael Cohen's sentencing .
Dueling Decisions at the Khmer Rouge Trials Could Mean a Suspect Avoids Justice
Hot-on-the-heels of a landmark trial judgment in Case 2/2, the Extraordinary Chambers in the Courts of Cambodia (ECCC) (also known as the Khmer Rouge Trials) in recent days issued…
The “ISIS Beatles” and “Non-Territorial” Application of the European Convention of Human Rights
The “ISIS Beatles” litigation in UK courts raises important issues about the geographic reach and content of human rights obligations, in particular those in the European Convention…
The Huawei Arrest: How It Likely Happened and What Comes Next
The arrest and possible extradition of an executive of Chinese tech giant Huawei raises important questions about foreign policy cases and Justice Department autonomy.
Criminalizing Speech to Protect Religious Peace? The ECtHR Ruling in E.S. v. Austria
It is 2008. A far-right party in Austria hosts seminars that are free to attend and advertised to the public. The subject of one such seminar series is “Basic Information on…
A Long Time Coming: Understanding the Landmark Ruling from the Khmer Rouge Trials
On Friday morning in Phnom Penh, the Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC)—more commonly known as the Khmer Rouge Trials―delivered a…
Prosecuting Wikileaks, Protecting Press Freedoms: Drawing the Line at Knowing Collaboration with a Foreign Intelligence Agency
Top law professor on Internet and press freedoms--who was witness for defense of Chelsea Manning--writes why Assange's actions in 2016 may be very different.
Reply to Bauer and Goodman: No, the Government Doesn’t Decide What ‘Legitimate Press Functions’ Are First Amendment Worthy
Former Obama administration lawyers Bob Bauer and Ryan Goodman make a dangerous argument: that coordination with a political campaign is outside the “legitimate press function” and…
Why the First Amendment Does Not Protect Trump Campaign Collusion with Wikileaks and Russia
Despite the president’s signature hostility toward the press, the Trump campaign is strenuously trying to wrap itself and Wikileaks in the protective garb of the First Amendment…
Accountability Fatigue: A Human Rights Law Problem for Armed Forces?
Brigadier-General (ret.) Ken Watkin in conversation with General (ret.) David Petraeus' remarks about human rights law and military policies.
The Constitutional Challenge to Robert Mueller’s Appointment (Part V): If Mueller is an Inferior Officer, Was Rosenstein’s Appointment Constitutional?
[With minor oral argument update; Nov. 8] In this final post, I’ll briefly describe the other two Appointments Clause arguments that appellant Andrew Miller makes in his challenge…
Immigrants’ First Amendment Rights at Stake as the Second Circuit Hears Ragbir Case
Are federal immigration officers free to retaliate against immigrant activists who exercise their First Amendment rights? That is the question the Second Circuit will confront…