Federal Courts
201 Articles
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…
Nestlé & Cargill v. Doe: What’s Not in the Supreme Court’s Opinions
The Court ruled out extraterritorial application of the Alien Tort Statute. But on other key questions -- including corporate liability, secondary liability, and the status of…
The Surprisingly Broad Implications of Nestlé USA, Inc. v. Doe for Human Rights Litigation and Extraterritoriality
In Nestlé USA, Inc. v. Doe, the U.S. Supreme Court took up the question of corporate liability for human rights violations under the Alien Tort Statute (ATS) for the third time.…
State Secrets and the Torture of Abu Zubaydah
More than any case to have reached the Supreme Court, Abu Zubaydah’s case demonstrates the need to carefully scrutinize what information the Executive Branch can legitimately…
Don’t Place Judicial Accountability In The Dark
Efforts to ensure the safety and security of federal judges – including by shielding certain personal information, such as addresses, from public disclosure – are sadly necessary…
We Don’t Need to Reform the Supreme Court
Politicization of the judiciary in the name of correcting the politicization of the judiciary is a bad policy foundation.
Authoritarian Populism, Courts and Democratic Erosion
The uniquely strong American judicial system managed to hold the line and, ultimately, fend off Donald Trump’s assault on U.S. institutions.