Federal Courts
183 Articles

Trump Investigations and the RICO vs Conspiracy Puzzle
Twitter debates erupted this week on a surprising topic: What are the relative advantages of charging racketeering versus conspiracy when considering wide-ranging criminal conduct…

Liberian War Crimes Claims Survive in Alien Tort Statute Case
Victims of human rights abuses abroad scored a win recently, when the U.S. District Court for Eastern Pennsylvania ruled in Jane W. et al. v. Thomas that claims involving war crimes…

Questioning Michael Cohen: An Advanced Course in Congressional Investigations
Michael Cohen, President Donald Trump’s former lawyer, has announced his willingness to testify before the House Oversight and Reform Committee and the House and Senate intelligence…

Trump’s Bookkeeper: How Prosecutors Could Easily Prove Tax Crimes for Hush Money Reimbursements
Federal and state prosecutors' textbook strategy looks likely to prove tax crimes based on SDNY's court filings in Michael Cohen's sentencing .

The Huawei Arrest: How It Likely Happened and What Comes Next
The arrest and possible extradition of an executive of Chinese tech giant Huawei raises important questions about foreign policy cases and Justice Department autonomy.

Immigrants’ First Amendment Rights at Stake as the Second Circuit Hears Ragbir Case
Are federal immigration officers free to retaliate against immigrant activists who exercise their First Amendment rights? That is the question the Second Circuit will confront…

What Happened at the Court: The Hasbajrami Oral Argument on Section 702 of FISA and the Fourth Amendment
On August 27, the U.S. Court of Appeals for the Second Circuit heard argument in United States v. Hasbajrami, a case that raises several challenges to the constitutionality of…

Brett Kavanaugh and the Risk of a Return to Torture
Brett Kavanaugh, holds a stark view of the role of international law, which could threaten the protection of fundamental human rights, including the right not to be tortured.

Can You Sue International Organizations? The Supreme Court Decides to Weigh In
Last week, the Supreme Court granted certiorari in Jam v. the International Finance Corporation, that may pare back immunities from lawsuits for international organizations. The…

Jesner v. Arab Bank: The Supreme Court Preserves the Possibility of Human Rights Suits Against U.S. Corporations
Unpacking the Supreme Court's decision: There's still room for international human rights suits against US companies under Alien Tort Statute.

Historic Moment for Liberians: Warlord Sentenced to 30 Years
Above: Mohammed Jabbateh in court. Image: Chase Walker/Civitas Maxima On April 19, a federal judge in Philadelphia handed down one of the most severe penalties ever imposed by…

Trump’s Torture Appointees
While Trump’s executive picks have generated considerable publicity due to their support for or history with Bush-era torture and detention policies, his administration’s choices…