Litigation
840 Articles

Retrenchment of the Federal Right to Abortion: How Dobbs Threatens National Security
The Dobbs decision has broad national security implications, increasing the risk of political violence and damaging US standing in the world.

Next Steps on the Road to Accountability and Security for Rohingya Refugees
The path forward for Rohingya refugees is complicated, but not impossible. A community leader outlines what's needed: humanitarian aid, international justice, and resettlement…

Russia Should Not be Designated a State Sponsor of Terrorism
An analysis of why designating Russia a state sponsor of terrorism could harm the interests of the Ukrainian government and the people of Ukraine.
The Biden Administration’s China Policy: An Inventory of Actions to Address the Challenge
An overview shows a hardline approach partially inherited from Trump merged with an emphasis on working with allies and partners.

Greenhouse Gaslighting: Deceptive Moderation and West Virginia v. EPA
"Big federal legislation like the Clean Air Act ... [is] the direct and fundamental product of American democracy. Unlike the major questions doctrine."

The January 6th Hearings: Criminal Evidence Tracker Sixth Edition
The January 6th Select Committee’s sixth public hearing on Tuesday featured explosive testimony from Cassidy Hutchinson, an aide to Trump’s chief of staff Mark Meadows. She…

Meeting the Challenges of International Organizations’ New Threat Environment
Analysis of and recommendations for risk-mitigation planning, bolstering statutory immunity, international accountability, managing litigation & more.

Failing to Prosecute Trump Reflects – and Feeds – US Rule of Law Erosion
Prosecution of subordinates but not Trump, writes a former federal prosecutor, "threatens the idea of an impartial legal system."

NSO v. WhatsApp: Should the Solicitor General Recommend Allowing Foreign Corporations to Claim Immunity?
"The best position for the Solicitor General to take on the immunity of corporations is the one the Ninth Circuit adopted: 'If an entity does not fall within the Act’s definition…

Answering the Supreme Court’s Call for Guidance on the Alien Tort Statute
Proposed Alien Tort Statute Clarification Act would clarify Congress's intent on extraterritorial jurisdiction over violations of laws of nations.

With Roe v. Wade at Risk, Digital Surveillance Threatens Reproductive Freedom
If Roe is overturned, states will likely use sweeping digital surveillance tools to enforce abortion bans.

Should We Worry that the President Called Putin a “War Criminal” Out Loud?
As clear as it is that information has become a central weapon in this war, and as much harm as some kinds of information can do, this statement may for be less worrisome than…