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Mobile phone showing image of Donald Trump's Twitter ban against stars of U.S. flag

Big Tech Is Not Big Tobacco

In a hyper-partisan climate, AG litigation against Big Tech could have more costs than benefits.
Jan. 13, 2022
Image: Left - MONROVIA, LIBERIA – AUGUST 6, 2003: Hundreds of shell casings litter the ground in Monrovia, Liberia, as negotiators try to reach a ceasefire in the country’s brutal civil war. (Chris Hondros/Getty Images) Right - Syrian defendant Anwar R., 57, arrives at court for an unprecedented trial on state-sponsored torture in Syria, on April 23, 2020 at court in Koblenz, western Germany. Prime suspect Anwar R., an alleged former colonel in Syrian state security, stands accused of carrying out crimes against humanity while in charge of the Al-Khatib detention centre in Damascus between April 29, 2011 and September 7, 2012. (Photo by Thomas Lohnes / various sources / AFP). EDITORS NOTE: According to court's ruling, the face of the defendant must be made unrecognizable 

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…
Jan. 13, 2022

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.
Jan. 11, 2022
Aerial view of an improvised camp of asylum seekers and refugees at El Chaparral border crossing in Tijuana, Baja California state, Mexico, on December 6, 2021. - The United States reimplemented the Migrant Protection Protocol (MPP) program, also known as Remain in Mexico, on December 6 after a court order. (Photo by GUILLERMO ARIAS/AFP via Getty Images)

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."
Dec. 21, 2021 and
Razor wire tops the fence of the U.S. prison at Guantanamo Bay on October 23, 2016 at the U.S. Naval Station at Guantanamo Bay, Cuba. An American flag waves in the background.

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.
Dec. 1, 2021 , and 6 more
Legal blind justice Themis metal statue with scales on chains

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…
Nov. 19, 2021 , and 5 more
PARIS, FRANCE - OCTOBER 29: In this photo illustration, the Facebook logo is displayed on the screen of an iPhone in front of a Meta logo on October 29, 2021 in Paris, France. On October 28, during the Facebook Connect virtual conference, Mark Zuckerberg announced the name change of Facebook, believing that the term Facebook was too closely linked to that of the platform of the same name, launched in 2004. It is now official, the Facebook company changes its name and becomes Meta. (Photo illustration by Chesnot/Getty Images)

Big-Tobacco-Type Lawsuits from State AGs: A Roadmap for Redressing Facebook’s Harms

Facebook has followed the Big Tobacco model, maximizing profit at expense of the public. It's time for AGs to dust off this playbook too.
Nov. 18, 2021 and
International Criminal Court Prosecutor Karim Khan listens to the President of the Special Peace Jurisdiction Eduardo Cifuentes during a press conference in Bogota, October 27, 2021.

Uncertain Future for the ICC’s Investigation into the CIA Torture Program

The ICC Office of the Prosecutor has "deprioritized" investigation of CIA torture in Afghanistan. But Julian Elderfield, a former attorney in the OTP, says the stated reasons for…
Nov. 12, 2021
A smartphone with the website of Israel's NSO Group which features 'Pegasus' spyware reads, “NSO Group Developing Technology to Prevent and Investigate Terror and Crime.” The phone lies next to a small figurine of a person and their shadow.

NSO Group Loses Immunity Claim at the Ninth Circuit

In 2019, the messaging platform WhatsApp sued NSO Group, alleging that the Israeli company sent spyware through WhatsApp’s servers to approximately 1,400 mobile devises in violation…
Nov. 9, 2021
Trump boards Marine One as he departs the White House on January 20, 2021 in Washington, DC. A person in military uniform salutes him as he passes.

No, Former Presidents Cannot Assert Executive Privilege. At Least Not Meaningfully.

"Former President Trump’s authority, if any, would be at the 'lowest conceivable ebb' by asserting a claim that is incompatible with Congress’s explicit act plus incompatible…
Nov. 4, 2021 and
The main gate at the prison in Guantanamo at the US Guantanamo Naval Base on October 16, 2018, in Guantanamo Base, Cuba. A tower with an American flag is seen behind barbed wire fencing.

What Comes Next After a Guantanamo Detainee’s Habeas Win

Afghan national Assadullah Haroon Gul won his habeas case at the D.C. District Court. The United States must expeditiously arrange for his transfer to Afghanistan.
Oct. 21, 2021
A screenshot from C-SPAN showing headshots of the Supreme Court justices. The caption underneath reads, “State Secrets, Torture & CIA Black Sites; Oral Argument; United States v. Zubaydah”

Ruminations on the Abu Zubaydah Supreme Court Oral Argument: Three Surprising Turns

“The Supreme Court oral arguments in U.S. v. Husayn (Abu Zubaydah) took a number of surprising but welcome turns."
Oct. 18, 2021
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