Litigation

"Litigating aggression backwards may 'work' in the sense of obtaining favorable judgments, but it can also create subtle distortions over what is at stake that are only likely…

"I do not read the recent decision ... as much of a victory for the government," writes Joseph Margulies. "In fact, I think it’s a loss for the Biden administration poorly disguised…

The myth of facial neutrality ignores how racism and other prejudices shape national security policy.

A Supreme Court case about C.F.R. Courts turns on source of courts' power.

“The two of us—respectively, a law professor with expertise in the Klan Act and a law professor with expertise in the First Amendment—conclude that Vindman has asserted claims…

The attempted coup one year ago ushered in a new era for Myanmar. Where will it lead?

Native nations' sovereignty and security intersect with U.S. courts' approach to treaty substitutes.

In a much anticipated brief, the government categorically rejected the use of statements obtained through torture in military commissions and promised not to admit any statements…

In a hyper-partisan climate, AG litigation against Big Tech could have more costs than benefits.

Witness testimony was key in reaching today's conviction of a former Syrian intelligence official for crimes against humanity. But the testimony placed witnesses and victims at…

After 20 years of Guantánamo litigation, legal questions around detention authority and due process still remain.

Experts Cristina Rodríguez and Adam Cox identify flaws in the decision ordering reinstatement of the "Migrant Protection Protocols."