Federal Courts
190 Articles
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…
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.