courts
742 Articles

Brett Kavanaugh and the Risk of a Return to Torture
Brett Kavanaugh, holds a stark view of the role of international law, which could threaten the protection of fundamental human rights, including the right not to be tortured.

Legitimizing Foreign Mass Surveillance in the European Court of Human Rights
The European Court of Human Rights (ECtHR) is beginning to weigh in on a sweep of legislation passed, in recent years, that authorizes bulk interception of foreign communications…

Contrary to Popular Belief, the Court Did Not Hold that the Travel Ban is Lawful—Anything But
"Don’t believe the hype. In fact, not a single Justice on the Court decided—or even suggested—that the Proclamation’s exclusion of entry of nationals from five Muslim-majority…

Can You Sue International Organizations? The Supreme Court Decides to Weigh In
Last week, the Supreme Court granted certiorari in Jam v. the International Finance Corporation, that may pare back immunities from lawsuits for international organizations. The…

The Future of the US Military Commissions: Legal and Policy Issues
The American Bar Association releases significant new report on fate of military commissions at Guantanamo. Judge Jamie Baker and Laura Dickinson served on the Committee and highlight…

The DNC Lawsuit and First Amendment Sensitivities
The First Amendment generally bars civil or criminal liability for publication of truthful material about a matter of public concern. That is true even in the case of stolen information.…

Jesner v. Arab Bank: The Supreme Court Preserves the Possibility of Human Rights Suits Against U.S. Corporations
Unpacking the Supreme Court's decision: There's still room for international human rights suits against US companies under Alien Tort Statute.

Historic Moment for Liberians: Warlord Sentenced to 30 Years
Above: Mohammed Jabbateh in court. Image: Chase Walker/Civitas Maxima On April 19, a federal judge in Philadelphia handed down one of the most severe penalties ever imposed by…

Treaty Based Limitations on the Article 12 Jurisdiction of the Int’l Criminal Court
Above: An Afghani boy rides his bicycle past a U.S. Navy corpsman in Kajaki, Afghanistan. (Photo by Scott Olson/Getty Images) This piece is the latest in our online symposium–spearheaded…

At a Crossroad: The Int’l Criminal Court’s Afghanistan Probe and the International Law Commission
This piece is the latest in our online symposium–spearheaded by Professor Laura Dickinson–focusing on the International Criminal Court’s (ICC) probe in Afghanistan and its…

Comey’s Book and Prepublication Review
Tomorrow, Flatiron Books will publish former FBI Director Jim Comey’s book, a much-anticipated memoir in which Comey will reportedly share striking new details from his two decades…

Uncomplimentary Complementarity and the Int’l Criminal Court’s Afghanistan Probe
Above: US military facilities at Bagram airfield, Afghanistan. Image: DoD This piece is the latest in our online symposium–spearheaded by Professor Laura Dickinson–focusing…