Litigation
848 Articles
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…
Cutting Edge Issues in Year 20 of the Guantánamo Habeas Litigation
After 20 years of Guantánamo litigation, legal questions around detention authority and due process still remain.
The Fifth Circuit’s Interventionist Administrative Law and the Misguided Reinstatement of Remain in Mexico
Experts Cristina Rodríguez and Adam Cox identify flaws in the decision ordering reinstatement of the "Migrant Protection Protocols."
The Biden Administration’s Moment of Truth on Torture Evidence
US prosecutors claim the authority to use torture-derived evidence in Al-Nashiri's case, contrary to U.S. domestic and international legal obligations.
Litigation Tracker: Major Decisions Facing the Biden Administration
The Biden administration must decide whether to change course or maintain the Trump administration’s litigation approach in major Trump-era cases concerning national security…