Litigation
840 Articles

The People of Myanmar Need to Be Heard, Not Ostracized, on the International Stage
So far, U.N. bodies have boosted the legitimacy of the Myanmar junta (at the ICJ) or denied the Burmese people the right to be represented at all (at the Human Rights Council).…

Судовий розгляд агресії в обхідний спосіб
"Звернення до суду щодо агресією 'в обхідний спосіб' може 'працювати' у сенсі отримання сприятливих…

Litigating Aggression Backwards
"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…

In US v. Husayn (Abu Zubaydah), the Supreme Court Calls Torture What It Is
"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…

80 Years After Executive Order 9066, the Supreme Court Still Shuts Its Eyes to Reality
The myth of facial neutrality ignores how racism and other prejudices shape national security policy.

Denezpi v. U.S.: Double Jeopardy, Dual Sovereignty, and Tribal Courts
A Supreme Court case about C.F.R. Courts turns on source of courts' power.

Alexander Vindman’s Lawsuit Is Right on the Law
“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…

From ‘8888’ to ‘2121’: A New Generation of Resistance in Myanmar
The attempted coup one year ago ushered in a new era for Myanmar. Where will it lead?

Penobscot v. Frey: A Chance to Correct Course on Sovereignty Jurisprudence
Native nations' sovereignty and security intersect with U.S. courts' approach to treaty substitutes.

Biden Team Gets It Right on Inadmissibility of Torture Evidence in Al-Nashiri Case
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…

Big Tech Is Not Big Tobacco
In a hyper-partisan climate, AG litigation against Big Tech could have more costs than benefits.

From Syria Torture Trial to Liberian Massacre Case – A Plea for Bolstering Witness Protections in Human Rights Litigation
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…