Litigation
868 Articles

The Most Indefensible Aspects of DOJ’s Briefs in the Birthright Citizenship Cases
Updated to account for reply briefs and Feb. 5 judicial opinion issuing a nationwide preliminary injunction

Confronting Challenges to the Prosecution of Enforced Disappearances Before Domestic Courts
Addressing widespread impunity and various failed efforts to establish criminal responsibility for enforced disappearance.

What Just Happened: The “Invasion” Executive Order and Its Dangerous Implications
Trump's "invasion" EO could dangerously expand federal and state powers, enabling detention without trial and unauthorized war.

Spyware Company NSO Group Faces Setbacks in Attempts to Avoid US Lawsuits
In a case brought by WhatsApp, a US court ruled that the NSO Group was liable for hacking and breach of contract.

Questions for Senators (And Journalists) to Ask Attorney General Nominee Pam Bondi
We asked leading experts what questions Committee members should ask Bondi in her confirmation hearing.

Judge Cannon and the Special Counsel’s Report
Explaining the state of litigation over whether DOJ can publicly release the January 6th report - and how the Supreme Court may decide.

Trump’s Real Felony Sentence: The Jury’s Verdict Hasn’t Been Erased
For the last week, President-elect Donald Trump’s defense attorneys submitted hundreds of pages of legal arguments in four courts from New York City to Albany to Washington,…

An Interim Report on the ICJ’s Climate Advisory Opinion
The International Court of Justice's proceedings in a climate change advisory opinion case stand to issue important, authoritative guidance about the nature and interaction of…

A “Cramped Interpretation of International Jurisprudence”? Some Critical Observations on the Amnesty International Genocide Report on Gaza
Critical analysis of Amnesty International report contending that Israel is committing genocide in Gaza.

The Amnesty International Report on Genocide in Gaza
Analysis of Amnesty International report contending that Israel is committing genocide in Gaza.

Cutting Through the Noise to Trump’s Claimed Immunity in NY Felonies Case
When President-elect Donald Trump’s latest motion to dismiss his felony convictions in New York hit reporters’ in-boxes on Tuesday, it was immediately clear that the dominant…

Abu Ghraib Torture Survivors’ Landmark Win Gives Hope for Alien Tort Statute Cases
The Al Shirmari verdict may help other plaintiffs chart a path to navigate the Supreme Court’s constraints on Alien Tort Statute cases.