Litigation
868 Articles

Nine Stories That Deserved More Attention in 2023 – and That May Shape 2024
What stories or topics merited more attention in 2023, with a particular eye toward what might inform law and policy conversations in 2024?

Leonard Leo and Harlan Crow Would Be Wise to Comply with Their Senate Subpoenas
While Crow may feel bullied, and Leo may feel that the inquiry is ill-intentioned, as a matter of law the two are obliged to comply anyway.

The `Pinochet Precedent’ at 25: Supporting Justice for Victims with `Universal Jurisdiction’
With the "Pinochet Precedent," the principle of universal jurisdiction can provide justice for victims of other dictatorial regimes.

Syrian Torture Victims Deserve a Hearing Before the ICJ
As the case moves to the next stage, their voices must be central in the case that Canada and the Netherlands have put before the Court.

The NY Trump Civil Fraud Trial: From Tipping Point to Toppling Over
What to expect in the coming days and weeks, including the risk-rewards Trump faces in testifying.

Sackett v. EPA’s Aftermath and the Risk of Inflamed Western Water Conflict
Water insecurity and conflict in the drought-ridden west may spike in the Sackett v. EPA's deregulatory wake.

Resolving Carpenter’s Third-Party Paradox (Part II – The Solution)
Part II of a series discussing the digital-privacy paradox emerging from a Fourth Amendment revolution in Carpenter v. United States.

The Just Security Podcast: A Fourth Amendment Privacy Paradox
The third-party paradox has massive implications for privacy rights and raises important questions about how to challenge the government’s request for information that might…

Resolving Carpenter’s Third-Party Paradox (Part I – The Paradox)
Part I of a series discussing the digital-privacy paradox emerging from a Fourth Amendment revolution in Carpenter v. United States.

9/11 Family Members Can Get Answers through Plea Agreements, Not a Trial
The impending 22nd anniversary of our loved ones’ deaths is a truly fitting occasion to end the failed 9/11 military commission, answer our questions, and assure us of judicial…

Racial Justice Without Affirmative Action: Embracing International Law after SFFA v. Harvard
The Biden administration should finally acknowledge that progress on racial equity is legally – not just morally – required, and then it should creatively leverage its power…

Answering Judge Jones’ Question About Removal of Meadows’ Case
On a final question posed in Georgia v. Meadows removal proceedings.