courts
747 Articles
The Absurd (if Predictable) Suggestion to Transfer Sayfullo Saipov to Longterm Military Custody
President Trump said yesterday that he would “certainly consider” transferring Sayfullo Saipov–the person who murdered eight people in Manhattan on Tuesday–to…
For Quick and Strong Justice, Look to the Courts—Not Guantanamo
On Wednesday, Senators Lindsey Graham and John McCain reignited a seemingly settled debate by urging that Sayfullo Saipov, the suspect in Tuesday’s horrific terrorist attack…
What’s Going on at Gitmo?
Big news out of Guantánamo today: Marine Brig. Gen. John Baker, the chief defense counsel for the Military Commissions, was found guilty of contempt and sentenced to 21 days confinement…
Episode 43 of the National Security Law Podcast: Unseal this Podcast!
It’s been a busy week in national security law! In Episode 43, Professor Bobby Chesney and I take on: Mueller-Time: Indictments against Manafort and Gates, and an even-more important…
Can Defense Counsel Ever Be Lawfully Surveilled by the Government?
David Luban’s essay (“Indefensible: Why Guantánamo defense lawyers can’t ethically participate any longer”) presents an excellent rendition of most of the ethics rules…
Jesner Oral Arguments, Justice-by-Justice
Ed. Note: This article is the latest in our series on the U.S. Supreme Court case Jesner v. Arab Bank, a case that is slated to resolve the question of whether corporations can…
The Guantánamo Ethics Mess
The latest episode in the Military Commission’s efforts to try Abd al-Rahim al-Nashiri for the U.S.S. Cole bombing is a dramatic dispute between Air Force Col. Vance Spath,…
The Arpaio Decision: When the World Is Extraordinary But the Law is Ordinary
Earlier this month, Judge Susan Bolton deemed President Trump’s pardon of former Sheriff Joe Arpaio to be lawful and therefore dismissed the pending case against him, which otherwise…
Indefensible: Why Guantánamo defense lawyers can’t ethically participate any longer
On Friday, Guantánamo death penalty lawyer Richard Kammen announced in a press release that: Brig. Gen. John Baker, the Chief Defense Counsel for the Military Commissions Defense…
Oral Arguments in Jesner v. Arab Bank: Supreme Court May Favor Two Steps to Corporate Liability for Human Rights Violations
Ed. note. This article is the latest in our series on the U.S. Supreme Court case Jesner. v. Arab Bank, a case that is slated to resolve the question of whether corporations can…
Terrorist Financing: A Backgrounder
Ed. note. This post is the latest in our series on the U.S. Supreme Court case Jesner. v. Arab Bank, a case that is slated to resolve the question of whether corporations can…
International Legal Personality of Corporations: How Investment Law Answers the Supreme Court Question in Jesner
In Jesner v. Arab Bank, the US Supreme Court must decide a single question: can corporations violate international law? Answering this question first requires identifying the extent…