Litigation
826 Articles
The Supreme Court: the Last Defense Against Trump’s Military Police State
The Supreme Court must not shirk its obligation to ensure that presidents cannot conscript the military in an effort to undermine democracy.
Will Victims of Cyber Attacks Soon Get Their Day in Court? Options for Accountability for Cyber Attacks
More cyber litigation will appear on the docket as pathways to legal accountability for unlawful State-sponsored cyber operations strengthen.
The “Presumption of Regularity” in Trump Administration Litigation
A comprehensive study of court cases involving the Trump administration from January 20, 2025 to present
Attacks on U.S. Legal Profession Reflect Global Slide in Countries It Once Aided
Political pressures like those used to silence legal professionals and undermine rule of law in Europe and Eurasia echo patterns of the autocratic playbook.
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.
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.
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.
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.
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.
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.
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.