Litigation
848 Articles
Nestlé & Cargill v. Doe Series: Corporate Liability, Child Slavery, and the Chocolate Industry – A Preview of the Case
The upcoming case of Nestlé/Cargill v. Doe presents novel and consequential questions about the Alien Tort Statute, including its extraterritorial reach, imposition of corporate…
Nestlé & Cargill v. Doe: Introduction to a Symposium
The Supreme Court will hear arguments on Dec. 1 in the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill Inc. v. Doe I. Brought against two major chocolate manufacturers…
The President and Immigration Law Series: Reflections on the Future of American Immigration Policy
Our series on The President and Immigration Law concludes. Authors Cristina Rodríguez and Adam Cox reflect on the future as illuminated by the contributions to the series, highlighting…
We Cannot Condone the Myanmar Government’s Lies with Silence
The façade that the Myanmar government is trying to keep up is finally starting to erode, as two Myanmar Army soldiers confess to their involvement in massacres, rape, and other…
The President and Immigration Law: The Danger and Promise of Presidential Power
In our penultimate installment of this series, Lucas Guttentag discusses causes for concern and hope. He argues that the Supreme Court has signaled recent retreat from judicial…
All the President’s Lawsuits: Fraud, Defamation, and the Westfall Act
A sober assessment of the strengths of the president's invocation of the Westfall Act defense in the E. Jean Carroll case, and lack of such a defense in others.
The D.C. Circuit, Conspiracy, and the Guantanamo Military Commissions: Third Time’s the Charm?
Eleven years since Congress authorized the third generation of post-9/11 Guantanamo military commissions, the substantive law governing them remains in doubt. The case of Bahlul…
The Trump-Alfa Bank Server Mystery Resurfaces
The recent release of the final volume of the Senate Intelligence Committee report on Russian 2016 election interference and two new lawsuits by Russia’s Alfa Bank have brought…
Does Cy Vance Already Have the Trump Organization Tax Returns?
The Manhattan DA may already have obtained the pertinent New York state tax returns for the Trump Organization and its executives, including Trump and his family. If this is the…
Anniversary of Genocidal Attacks on Rohingya Reminds Us They Are Still at Risk
"We come together as a Rohingya woman and a descendant of Holocaust survivors to reckon with the unconscionable crimes the Rohingya community has faced, and affirm the obligations…
The Supreme Court’s Attack on Habeas Corpus in DHS v. Thuraissigiam
Refugees are the primary target of the Court’s decision in DHS v. Thuraissigiam, but the the opinion endangers everyone – U.S. citizens included – by reopening settled questions…
Leveraging International Justice for Lasting Peace in Myanmar
"The international community clearly has a political role to play, but a closer examination of how international accountability relates to domestic political dynamics is also critical,…