Litigation
848 Articles
Paradigm Shift: The Consequences of Choosing a War Path, and Leaving It
We owe it to the next generation to grapple now with the consequences of remaining at war -- as well as the consequences of choosing not to be -- lest we find ourselves reflexively…
In the “War on Terror,” What Did Rights Organizations Get Wrong?
A leading human rights lawyer raises provocative questions about track record of U.S. human rights organizations. An essay in advance of a live event on Thursday night to discuss…
What the U.S. Withdrawal from Afghanistan Could Mean for Guantanamo Detainees and the Due Process Clause
The D.C. Circuit will soon consider the consequential question of whether the Due Process Clause applies to Guantanamo detainees.
Nuremberg Prosecutor says Guantanamo Military Commissions Don’t Measure Up
In an upcoming filing, the last living Nuremberg prosecutor, Benjamin B. Ferencz, says there is "very limited comparison" between the Guantanamo military commissions and the Nuremberg…
Mexico v. Smith & Wesson: Does US Immunity for Gun Manufacturers Apply Extraterritorially?
The plaintiffs have a strong argument that a 2005 immunity law does not prohibit some of their claims.
A Flaw in the Attorney General’s Policy Against Seizing Reporters’ Records
The new Guidelines hamstring prosecutors’ ability to counter the worst espionage, writes George Croner.
Course Correction Still Needed on Anti-Torture Obligations
The prohibition on torture is absolute. The government’s commitment to upholding it must be too.
Expert Backgrounder: The Westfall Act and Representative Brooks’s Speech
Professor Paul Figley, who served as Deputy Director in Torts Branch of Justice Department's Civil Division for fifteen years, explains the legal framework for Swalwell v. Brooks,…
Swalwell v. Trump and the Legitimate Scope of Federal Employment
Expert who wrote that case law favors Trump in getting DOJ legal shield in E Jean Carroll case, writes why that doesn't apply in Jan. 6 lawsuits.
Restoring Justice to DOJ
Healing Trump-era wounds at DOJ will require understanding the extent of the abuse and taking specific steps to prevent repetition.
What the US Government Brief Should Have Said in Al-Hela: On Guantanamo and Due Process
"Had the Justice Department wanted to recognize that the due process clause applies at Guantanamo, the brief would have essentially written itself."
How to Read the Weisselberg and Trump Entities Indictment: A Conversation with Andrew Weissmann
After the first wave of commentary, a discussion of how the prosecutors can obtain Weisselberg's testimony even if he does not cooperate, what the indictment and arraignment hearing…