Federal Courts
190 Articles

The Just Security Podcast: The Mayor of Les Irois
Determined victims and creative lawyers used a U.S, law, the Torture Victims Protection Act, to hold a powerful mayor accountable.

It’s Time for the Supreme Court to Take Ethics Seriously
For the Court’s reputation and rule of law values, the Justices should put their own house in order, rather than have it done for them.

Troubling Signs in Biden Administration’s Recent Efforts to Reimplement Migrant Protection Protocols Program
"Understanding the significance of the [Supreme Court's Migrant Protection Protocol] ruling ... will be key for the administration to mount the strongest possible defense for the…

Congress Should Close the ‘Crimes Against Humanity’ Loophole
Former U.S. Ambassador at Large for War Crimes David J. Scheffer and Kristin Smith on whether U.S. law is adequately equipped to investigate and prosecute atrocities as Congress…

The Just Security Podcast: Eliminating the Judicial “Blue Slip”
An obscure process called the “blue slip,” allows a single Senator to stop a judicial nomination in its tracks.

Dear Senator Durbin, It’s Time to End the “Blue Slip” for Judicial Nominees
It's long past time for the Senate to abandon the anti-democratic "blue slip" process for judicial nominations.

Expert Recap and Analysis of Halkbank Oral Argument at the Supreme Court
A breakdown of the key issues in a wide ranging oral argument on foreign sovereign immunity in criminal cases.

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…