Federal Courts
186 Articles
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…
Introducing Just Security’s Symposium on Jesner v Arab Bank
Just Security is pleased to announce the launch of an online symposium dedicated to the Jesner v. Arab Bank case before the US Supreme Court. The case, which will be argued October…
“Golden Shield” Oral Arguments Today: Doe v. Cisco
A panel of the Ninth Circuit of Appeals in San Francisco (composed of Judges Stephen Reinhardt, Wallace Tashima, and Marsha Berzon) will hear oral arguments today in the Alien…
Ukraine Update: the ICJ Proceedings & Options for Justice in the United States
With the Congressional hearings on Russia dominating the news, this post provides an update on proceedings before the International Court of Justice (ICJ) in the matter of Ukraine…
Third Circuit Holds Suspension Clause Does Not Apply to Non-Citizens Physically (But Not Lawfully) Present in the United States
In a breathtaking 80-page opinion handed down today in Castro v. U.S. Dep’t of Homeland Security, a unanimous panel of the Third Circuit has held that the Suspension Clause…
Three Key Takeaways: The 2d Circuit Ruling in The Microsoft Warrant Case
As readers no doubt already know, the Second Circuit today issued a surprise ruling in the Microsoft Ireland warrant case — siding with Microsoft. The result: location of data…
Judge (Justice?) Merrick Garland & International Law
I recently had occasion to review the international law jurisprudence of Judge Merrick Garland as part of an evaluation prepared by the American Bar Association’s Standing Committee…
The Encryption Debate: All Quiet on the Western Front?
The US war on encryption has quieted down recently. The San Bernardino and Brooklyn court cases concerning encrypted iPhones both ended this spring not with a bang, but with a…
Guilty Pleas For GTMO Detainees (Without Ever Setting Foot on US Soil)
Last week Steve wrote about the then-not-yet public provision in the Senate version of the FY2017 National Defense Authorization Act (NDAA) that would permit Guantánamo detainees…
A Supplement to Steve Vladeck’s Assessment of the Supreme Court’s Treatment of Courts-Martial
Professor Steve Vladeck recently published an interesting analysis of the Supreme Court’s “troubling neglect of courts-martial,” and I agree with most of what he puts forth.…