Litigation
855 Articles

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…

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.