Federal Courts
183 Articles
Jesner v. Arab Bank Symposium Recap
Just Security has created a Jesner v. Arab Bank symposium index on its Deep Dives page. Jesner is pending before the U.S. Supreme Court and presents the question of whether corporations…
Symposium Recap: We Need the Cloud Act To Save Us & What Bill Dodge Got Right
Arguments in the Microsoft Ireland case are now less than a week away. Despite the desires of many (including me) that Congress move quickly to pass the CLOUD Act – and thereby…
The Parties in U.S. v. Microsoft Are Misinterpreting the Stored Communications Act’s Warrant Authority
United States v. Microsoft comes to the court in stark terms. The case involves a search warrant demanding that Microsoft turn over stored emails from a server in Ireland. That…
Beyond Customary International Law: What Jesner Can Learn From Corporate Criminal Liability for International Crimes
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…
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…
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 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…
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…
Jesner: A Guide to the Blogosphere
As part of our symposium of Jesner v. Arab Bank case, we are offering this annotated guide to previous coverage of the case in the blogosphere, including another online symposium…
Corporate Liability for Human Rights Violations: A Preview of Jesner v. Arab Bank, PLC
Ed. note. This post is the first in our series on the upcoming U.S. Supreme Court case Jesner. v. Arab Bank, a case with implications for everything from human rights to terrorism…