courts
752 Articles

特朗普政府重塑《第十四修正案》 ——《黄金德案》并未限制出生公民权
To retcon Wong Kim Ark’s parents as the equivalent of current day green card holders is both legally and historically mistaken.

The Trump Administration’s 14th Amendment Retcon: ‘Wong Kim Ark’ Does Not Limit Birthright Citizenship
To retcon Wong Kim Ark’s parents as the equivalent of current day green card holders is both legally and historically mistaken.

Why the REINS Act’s Approach to Regulatory Reform Is So Problematic
The REINS Act would hamper agencies’ ability to carry out their statutory duties and protect the public.

Time to Revisit the ICC’s Position on Head-of-State Immunity?
With major powers increasingly skeptical of international institutions, strengthening the Court's legal coherence is necessary for preserving its legitimacy

The Just Security Podcast: Regulating Social Media — Is it Lawful, Feasible, and Desirable?
Is it lawful, feasible, and desirable for government actors to regulate social media platforms? A conversation with leading experts at the NYU Law Forum.

Dissecting the Trump Administration’s Strategy for Defying Court Orders
The Trump administration is banking on Americans giving it a pass on violating District Chief Judge Judge Boasberg's court order.

The New “Blacklists” Work When Law Firms Stay Silent
In a recent internal memo, Brad Karp, the chairman of Paul, Weiss, Rifkind, Wharton & Garrison, defended the firm’s refusal to challenge a presidential executive order targeting…

The Imperative of Solidarity in Response to Assaults on Legal Services, Universities, and Independent Media
"Around the globe who have had decades of experience in navigating a world where simply looking out for one’s own best interests is insufficient for individual or collective…

The Courts Can Stop Abuse of the Alien Enemies Act – the Political Question Doctrine is No Bar
Many of the emergency powers a president could unlock through pretextual invocations and arbitrary proclamations are injurious to a free, fair, and democratic society. The courts…

The Trump Administration’s Recent Removals to El Salvador Violate the Prohibition on Transfer to Torture
US and international law prohibit transferring or removing any person when there are substantial grounds for believing that the person would be at risk of certain serious human…

Is the Trump Administration Deliberately Violating a Federal Court Order?
Addressing the Trump administration's theories for why it did not violate a court order by deporting Venezuelan immigrants to El Salvador.

The Illegality and Human Rights Violations in El Salvador’s Bizarre Offer to House US Prisoners
There is no modern precedent for sending U.S. citizens who are convicted of crimes to other countries for punishment. Doing so is a crime.