Federal Courts
183 Articles
Why We Need the Alien Tort Statute Clarification Act Now
"The ATSCA, while not a panacea, would revive one important tool for protecting human rights. It deserves the attention of the Senate Judiciary Committee now."
Assessing Trump’s Claim of ‘Executive Privilege’ on FBI Access to MAL Docs
"In short, the notion that a former president can block his successor from accessing presidential records that the incumbent believes he needs for purposes of carrying out executive…
Is MBS Entitled to Head of State Immunity?
A leading transnational law scholar on why MBS is not entitled to head of state immunity, the act of state doctrine does not bar claims in a civil suit arising from Khashoggi's…
Answering the Supreme Court’s Call for Guidance on the Alien Tort Statute
Proposed Alien Tort Statute Clarification Act would clarify Congress's intent on extraterritorial jurisdiction over violations of laws of nations.
The Supreme Court Should Stop Individual States From Dictating National Immigration Policy
"Sooner or later, the shoe will be on the other foot, as it was with Trump before Biden, and Obama before Trump. None of us should want to live in a country where a few states…
From Syria Torture Trial to Liberian Massacre Case – A Plea for Bolstering Witness Protections in Human Rights Litigation
Witness testimony was key in reaching today's conviction of a former Syrian intelligence official for crimes against humanity. But the testimony placed witnesses and victims at…
NSO Group Loses Immunity Claim at the Ninth Circuit
In 2019, the messaging platform WhatsApp sued NSO Group, alleging that the Israeli company sent spyware through WhatsApp’s servers to approximately 1,400 mobile devises in violation…
Judicial Secrecy: How To Fix the Over-sealing of Federal Court Records
The lack of uniform procedures for sealing federal court records has resulted in excessive secrecy that has caused considerable harm.
New Ruling Sheds Light on State-Paramilitary Cooperation in Colombia – and on the TVPA
A US court held that Colombian paramilitaries indisputably had a symbiotic relationship with the Colombian state and are therefore liable under the TVPA.
Historic Judgment in Liberian Massacre Case Advances US Law
A landmark case offers justice for victims - and new specificity on TVPA, ATS claims for crimes against humanity and war crimes.
The Huawei DPA: A Prologue to the Global Arrest Game?
Deferred prosecution agreement for an executive of Chinese tech giant Huawei provides short-term resolutions but raises long-term concerns.
Paradigm Shift: The Consequences of Choosing a War Path, and Leaving It
We owe it to the next generation to grapple now with the consequences of remaining at war -- as well as the consequences of choosing not to be -- lest we find ourselves reflexively…