Litigation
854 Articles
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…
The Weisselberg Indictment Is Not A “Fringe Benefits” Case
"The scheme is far different from simple failure to pay taxes on fringe benefits, which is how the indictment has been widely misunderstood, thanks in part to Trump’s defense…
Allen Weisselberg’s Post-Indictment Strategic Considerations
What Weisselberg has to, and does not have to, worry about. Analysis by former IRS Criminal Investigation supervisory special agent, with comment from former Chief Assistant in…
Nestlé & Cargill v. Doe: What’s Not in the Supreme Court’s Opinions
The Court ruled out extraterritorial application of the Alien Tort Statute. But on other key questions -- including corporate liability, secondary liability, and the status of…
The Surprisingly Broad Implications of Nestlé USA, Inc. v. Doe for Human Rights Litigation and Extraterritoriality
In Nestlé USA, Inc. v. Doe, the U.S. Supreme Court took up the question of corporate liability for human rights violations under the Alien Tort Statute (ATS) for the third time.…
State Secrets and the Torture of Abu Zubaydah
More than any case to have reached the Supreme Court, Abu Zubaydah’s case demonstrates the need to carefully scrutinize what information the Executive Branch can legitimately…
Torture Evidence and the Guantanamo Military Commissions
Burying evidence of torture, while surreptitiously admitting the fruits of torture is not what a decent legal system does. Bringing to justice those accused of atrocious crimes…