Litigation
840 Articles

Can the U.S. Government Be Sued for Wrongful Death in a Caribbean Boat Strike?
In Burnley v. United States, relatives sue on behalf of two Trinidadian men killed in a boat strike, confronting U.S. sovereign immunity and the political question doctrine.

Trump v. Illinois: A Narrow Supreme Court Decision with Broad Implications
The rationale behind the Supreme Court’s decision in 𝑇𝑟𝑢𝑚𝑝 𝑣. 𝐼𝑙𝑙𝑖𝑛𝑜𝑖𝑠 complicates Trump's remaining options for deploying federal military…

Head of State Immunity and Maduro on Trial
Why did Maduro tell the judge he's still president? One reason: under international law, one country's sitting head of state can’t be prosecuted in another country’s courts.

A SCOTUS Bench Memo for Trump v. Slaughter, the FTC Removal Case: Stare Decisis, Historical Practice, and Original Intent
Trump’s attempt to fire FTC Commissioner Rebecca Slaughter without cause forces the Court to revisit Humphrey’s Executor and the future of independent agencies.

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.

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.

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.