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A Better Solution in Jesner v. Arab Bank
Ed. note. This article is the latest in our series on the U.S. Supreme Court case Jesner. v. Arab Bank, a case that is slated to resolve the question of whether corporations can…
What the White House Needs to Disclose about its Process for Revealing Cybersecurity Vulnerabilities
At a series of events earlier in October, White House Cybersecurity Coordinator Rob Joyce announced that he is preparing to release more information about the Vulnerabilities Equities…
Corporations Should be Held Liable for Violations of the Law of Nations
Ed. note. This article is the latest in our series on the U.S. Supreme Court case Jesner. v. Arab Bank, a case that is slated to resolve the question of whether corporations can…
The Original Meaning of the Alien Tort Statute
At oral argument in Jesner v. Arab Bank, Supreme Court Justice Neil Gorsuch raised a theory about the about the original meaning of the Alien Tort Statute (ATS), a provision of…
Jesner v Arab Bank Symposium: The Virtually Unanswerable Argument from General Principles
In their briefs and oral arguments before the Supreme Court earlier this month, counsel in Jesner v. Arab Bank met some astronomical expectations. But questioning from Justices…
Corporate Liability and Crimes against Humanity
Ed. Note: This article is the latest in our series on the U.S. Supreme Court case Jesner v. Arab Bank, a case that is slated to resolve the question of whether corporations can…
Closing Section 702’s Front-Door Search Loophole: A Critical Protection for Americans
As the December 31st expiration date for Section 702 of the Foreign Intelligence Surveillance Act (FISA) approaches, the debate over reauthorization is in full swing. Most of the…
The Rhetoric of “Responsible Encryption”
Last week, Deputy Attorney General Rod Rosenstein gave a speech about encryption that prompted a considerable amount of well-deserved blowback. His speech rehashed a number of…
Human Rights in the Populist Era
This piece is adapted from the authors article, The Populist Challenge to Human Rights, published in the Journal of Human Rights Practice. The world as we in the human rights…
Responsibility and the Encryption Debate: A Response to DAG Rosenstein
Deputy Attorney General Rod Rosenstein. Last week, Deputy Attorney General Rod Rosenstein gave a speech about encryption at the U.S. Naval Academy, solidifying the Trump administration’s…
The Rome Treaty Has Nothing to Do with Jesner v. Arab Bank
Ed. note. This post is the latest in our series on the upcoming U.S. Supreme Court case Jesner. v. Arab Bank, a case with implications for everything from human rights to terrorism…
Jesner v. Arab Bank: Closing the Door to Human Rights in Federal Court?
Ed. note. This post is the latest in our series on the upcoming U.S. Supreme Court case Jesner. v. Arab Bank, a case with implications for everything from human rights to terrorism…