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A faceless hacker running malware on a laptop

The Rome Statute in the Digital Age: Confronting Emerging Cyber Threats

For the Rome Statute to remain relevant, practitioners must understand how governments can deploy spyware to commit international crimes.

The Trump Administration’s Use of State Power Against Media: Keeping Track of the Big Picture

Tracking the use of State power requires systematically identifying linkages between individual developments and broader trends. This graphic offers one method.
The U.S. Supreme Court at night.

Taking Stock of the Birthright Citizenship Cases, Part IV: DOJ’s Ineffective Responses to Plaintiffs’ Statutory Argument

Analysis of birthright citizenship statutory arguments now before the Supreme Court.
Detained people are standing in front of a building behind a metal, possibly chain link, fence that appears nearly three times taller than they are and topped with concertina wire.

Private Prison Companies’ Enormous Windfall: Who Stands to Gain as ICE Expands

With unparalleled funding for ICE, corporations supporting the growth of detention infrastructure will continue to see soaring profits.
A view of the front portico of the United States Supreme Court building in Washington, DC

Trump’s Use of Consent Decrees to Dismantle Policy

The administration has turned consent decrees into a deregulatory weapon, and courts are beginning to confront the limits of that strategy.
Gavel on a table in front of a chair with a military uniform

Could Trump Use the Uniform Code of Military Justice to Stifle the Protected Speech of Military Retirees?

The concerns expressed about the possible application of UCMJ's Article 88 to the protected speech of retired military officers aren't theoretical.
A scale in front of shipping containers

Rethinking IEEPA Accountability and Oversight

Congress can take steps now to revise IEEPA & strengthen accountability & oversight when the executive branch leverages U.S. economic powers.

The “Presumption of Regularity” in Trump Administration Litigation

A comprehensive study of court cases involving the Trump administration from January 20, 2025 to present
A man walks in front of the Supreme Court building at dusk.

Taking Stock of the Birthright Citizenship Cases, Part III: DOJ’s Arguments Regarding Domicile and Unauthorized Immigrants

Unpacking the Justice Department's arguments in the birthright citizenship litigation.
Visualization of cybersecurity

Unlocking Justice: A Policy Roadmap for Victims of Spyware

To introduce accountability for cyberattacks, Congress should make it clear that U.S. courts are the right venue for spyware cases.
People demonstrate with CASA outside the Supreme Court of the United States on Thursday May 15, 2025. (Photo by Matt McClain/The Washington Post via Getty Images)

The APA Authorizes “Universal” Stays of Agency Action Under 5 U.S.C. § 705

For litigants seeking to move quickly against unlawful executive action, Section 705 of the Administrative Procedure Act should be a powerful tool.
National Labor Relations Board (via Wikimedia Commons).

Embracing the Purely Adjudicatory Administrative Agency: The Case for a Labor Court

The recent decision in SpaceX v. NLRB, finding the Board’s structure unconstitutional, heightens the urgency for those litigating like cases to reconsider their approach.
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