Expert Backgrounder
35 Articles

Expert Backgrounder: Criminal Statutes that Could Apply to Trump’s Retention of Government Documents
The DOJ obtained a search warrant for Mar-a-Lago. What underlying crimes might have justified the search? Experts survey the possibilities.

Expert Backgrounder: NATO Response Options to Potential Russia Cyber Attacks
Top cyber law expert explains NATO member states' legal options in event of different forms of Russian cyber attacks in wake of Ukraine invasion.

Between Legitimacy and Control: The Taliban’s Pursuit of Governmental Status
Recognition of a government involves calculations of both law and politics. What factors will influence States' response to the Taliban?

Expert Backgrounder: How Can The Taliban Be Prevented From Representing Afghanistan In The United Nations?
A masterclass in law and practice, of United Nations credentials system by former U.N. Assistant-Secretary-General for Legal Affairs.

Expert Backgrounder: Recognition and the Taliban
An expert analysis of the international law of recognition of governments, and four diplomatic options states have in addressing the Taliban takeover of Afghanistan.

Expert Backgrounder: The Westfall Act and Representative Brooks’s Speech
Professor Paul Figley, who served as Deputy Director in Torts Branch of Justice Department's Civil Division for fifteen years, explains the legal framework for Swalwell v. Brooks,…

Top Expert Backgrounder: Russia’s SolarWinds Operation and International Law
A legal analysis of whether the SolarWinds cyber hack violated international law, and the U.S. government's response options.

The Military Justice Dimension: Constraints on Military Personnel in Handling Civil Unrest
Top Expert Backgrounder: How the code of military justice applies to National Guard and other military personnel responding to protests. What must they do if the president issues…

Top Expert Backgrounder: Trump’s Impeachment–What Comes Next?
Yale Law School's Harold Koh describes the next set of decisions on the current road to impeachment of President Trump.

Top Expert Backgrounder: Children in Immigration Detention — What are the International Norms?
Vice Chair of the United Nations Committee Against Torture, Felice Gaer, writing in her personal capacity.

Top Expert Backgrounder: Aborted U.S. Strike, Cyber Operation Against Iran and International Law
"It is difficult to definitely conclude that the proposed U.S. kinetic strikes would have been valid exercises of self-defense."