Federal Courts
183 Articles
Saudi Arabia’s MBS Served with Extrajudicial Killing Lawsuit – Via WhatsApp
Electronic service of process -- including via social media -- has become an increasingly common practice. Gone are the days of the pizza delivery ruse.
In the Battle for the ERA, Global Constitutionalism and State Sovereignty
To reflect a generation of global constitutional developments on sex equality, have a democratic national conversation in Congress.
US Suit Against Saudi Prince for Attempted Killing of Ex-Insider Faces Hurdles
Ex-Saudi intelligence official Saad Aljabri's claim over an alleged assassination attempt faces issues including jurisdiction and immunity.
Suing Foreign States in U.S. Courts
Since the enactment of the Foreign Sovereign Immunities Act (FSIA) in 1976, foreign sovereigns have become subject to a number of statutory exceptions to immunity in U.S. courts.…
Trump Administration Reverses Position on Corporate Liability Under Alien Tort Statute
In a brief filed last week, the Trump administration reversed its position on corporate liability under the Alien Tort Statute (ATS), urging the Supreme Court to grant certiorari…
An Inquiry into DOJ’s Decision to Drop the Flynn Case Can’t Be Left to Judge Sullivan Alone
More than just wrong, interim U.S. Attorney Timothy Shea's filing of the motion also may have violated legal and DOJ ethics rules.
Why the Flynn Dismissal Deserves a Hard Look by the Court
The judge presiding over the Michael Flynn case is right to take a hard look at the Department of Justice’s eleventh-hour motion to dismiss the false statements charge to which…
Supreme Court of Canada Recognizes Corporate Liability for Human Rights Violations
While it seems clear that international human rights norms apply to corporations just as they apply to natural persons. But it is up to each nation to decide whether and how to…
With Supreme Court Mired in Dark Money, Time for Large Dose of Transparency
Senator Sheldon Whitehouse writes that there is a dual problem with the Supreme Court: not only the web of special-interest, secret donor influence surrounding it; but an extraordinary…
Second Circuit Gets Civil Forfeiture under the Foreign Sovereign Immunities Act Wrong
Are foreign states and their property immune from civil forfeiture suits brought by the U.S.? In a case involving a Manhattan skyscraper controlled by Iran, the Second Circuit…
Democratic Debates Round 2: Time to Ask About America’s Courts
When the Democratic U.S. presidential candidates face off in Detroit for their second debates July 30-31, they or the moderators should raise what will be one of the most pressing…
The September 11 Military Commissions Trudge On
Nearly two decades after the September 11 attacks, we are still waiting for justice to be administered to the majority of the Al Qaeda suspects being held at Guantanamo—including…