Litigation
868 Articles
Judge Cannon Finds Special Counsel Unconstitutional in Trump Classified Documents Case: What’s Next for Jack Smith?
Judge Aileen Cannon found that Attorney General Merrick Garland had no power to appoint Jack Smith as a special counsel, dismissing the case.
We Charge Genocide: Redux
What we can name and render cognizable and what we must un-remember and forcefully forget is deeply connected to the numerous atrocities embedded in the international order.
The International Criminal Court’s Jurisdiction in Palestine and the ‘Oslo Accords Issue’
Under the Rome Statute, the Court has and may exercise jurisdiction over any adult person accused of committing war crimes or crimes against humanity on the territory of a State…
Foreign Affairs Deference After Chevron
For foreign relations and national security cases any effects of Chevron's overruling are more likely to be ripples than waves.
Unpacking the Supreme Court’s Punt on Alleged Government ‘Coercion’ of Social Media Companies: What Murthy v. Missouri Did and Did Not Say
What Murthy v. Missouri did and did not say.
Should Trump Get Jail Time? A Survey of Sentences for Falsifying Business Records in the First Degree
As Judge Merchan considers sentencing, a look at other cases of falsifying business records that did or didn't end in incarceration.
Trump’s Mar-a-Lago Search Challenge Flounders: Judge Signals Warrant Passed Muster
Trump’s effort to suppress the evidence that agents found inside his personal residence and social club appeared to fall flat on Tuesday.
Judge Sharply Questions Need for Backdoor Gag Order Against Trump in Classified Docs Case
Judge Aileen Cannon sharply questioned prosecutors about an indirect approach to restrict Donald Trump's comments on federal officials.
Trump’s Special Counsel Hearings: Judge Appears Concerned Over Jack Smith’s Funding
Key takeaways from Donald Trump's challenges to Special Counsel Jack Smith's authority in the classified documents case.
Can Families of Mass Shooting Victims Hold Social Media Companies Responsible for Violence?
Lawsuits connecting social media companies to mass shootings could hold Silicon Valley titans legally responsible for societal harms.
The Right to a Unanimous Verdict and the Jury Instructions in People v. Trump
In The People of the State of New York v. Donald J. Trump, Justice Juan Merchan issued a set of jury instructions—55 pages in length. Merchan permitted the jury to convict based…
What to Watch for Following Historic Climate Opinion from ‘The Oceans Court’
The Tribunal issued the first-ever opinion by an international court articulating States’ obligations with respect to climate change.