Litigation
868 Articles
Key Takeaways from Suncor v. Boulder Oral Argument: Jurisdiction, Preemption, and the Proper Role of State Tort Law in Addressing Climate Change
What we learned from oral arguments in the most important climate liability case to reach the U.S. Supreme Court in more than a decade.
Working Backwards: Inside the Trump Justice Department’s Conclusion-First Approach to Civil Rights
The Civil Rights Division regularly announces investigations or even conclusions with little to no evidence of fact-finding at all.
Suncor v. Boulder: Why the Constitution and the Clean Air Act Leave Deception-Based Climate Claims Standing
Analysis of what the outcome of Suncor v. Boulder will mean for climate cases that rely on deception claims as the basis for fossil fuel company liability.
Any State Can Make AI Safety Cooperation Legal
State governments have the authority to allow AI companies to coordinate on safety measures without running afoul of federal antitrust laws.
The Just Security Podcast: What’s Behind the Justice Department’s FARA Announcement?
Host David Aaron joins Adam Hickey to discuss an unusual announcement from the Department of Justice on the Foreign Agents Registration Act and Section 951.
State Attorneys General Can Enforce Federal Laws the Executive Branch Won’t
To combat executive non-enforcement, state attorneys general are using antitrust law to hold corporations accountable.
What’s Conspicuously Missing from the Government’s Supreme Court Reply Brief in the Mail Ballots Case
The most noteworthy development of the past couple of days is what Solicitor General Sauer does not say.
The Simplest Way for the Supreme Court to Rule in the USPS Mail Ballots Case
Marty Lederman outlines the easiest and most straightforward way for SCOTUS to decide the USPS mail-in ballot case
What the Presumption of Regularity’s Erosion Means for Challenges to Executive Action
The erosion of the presumption of regularity presents opportunities to those challenging the Trump administration’s agenda in court.
U.S. Supreme Court’s Rejection of the “Presumption of Regularity”
Trump v. Cook marked a significant break from the traditional judicial deference known as the "presumption of regularity."
Sword of the People: The Power of Grand Juries to Investigate Administration Corruption
The untold power of regular grand juries and special grand juries to independently conduct investigations and issue reports when federal prosecutors won't.
New International Criminal Court Sanctions and the Threat to U.S. Democracy
The U.S. sanctions against International Criminal Court judges and officials are a threat to constitutional rights in the United States.