Litigation
848 Articles
After 30 Years of Impunity, the Jesuits Massacre Trial Commences in Spain
Monday, after a decade of pre-trial litigation, a trial that is seeking justice for the 1989 massacre in El Salvador of six Jesuit priests (Ignacio Ellacuría, Ignacio Martín-Baró,…
New Complicity Charges Filed in the Killing of George Floyd
UPDATED As millions of people take to the streets demanding racial justice, accountability for police violence, and the demilitarization of the police, the case against the ex-police…
Trump Administration Reverses Position on Corporate Liability Under Alien Tort Statute
In a brief filed last week, the Trump administration reversed its position on corporate liability under the Alien Tort Statute (ATS), urging the Supreme Court to grant certiorari…
Understanding the Michael Flynn Case: Separating the Wheat from the Chaff, and the Proper from the Improper
What follows is an effort to identify and evaluate many of the most important aspects of the Flynn affair, roughly in chronological order from the Summer of 2016 to today.
The Significance of the Supreme Court’s Opati Decision for States and Companies Sued for Terrorism in U.S. Courts
On Monday, the Supreme Court issued its decision in Opati v. Republic of Sudan opening the door to victims of the 1998 U.S. embassy bombings in Nairobi and Dar es Salaam to pursue…
Recently Released OLC Opinions From 1974 Shed Light on Current Legal Debates
Earlier this month, my colleagues and I at the Knight First Amendment Institute at Columbia University secured the release of 96 previously withheld opinions authored by the Justice…
Disrupt, Don’t Indict: Why the United States Should Stop Indicting Foreign State Actor Hackers
The U.S. Department of Justice announced the indictment of Nicolás Maduro, who the United States ceased to recognize as Venezuela’s president in early 2019, for narco-terrorism…
Use the Defense Production Act to Flatten the Curve
James Baker, former Chief Judge of the U.S. Court of Appeals for the Armed Forces and Legal Adviser to the National Security Council, urges the President to take more decisive…
The FBI and Apple Redux
It remains to be seen how this new clash will resolve itself, but the stakes have only increased for both sides.
Senators Call for Prosecution of Gambian Paramilitary Fighter in US Custody
Rare opportunity to criminally prosecute a person implicated in extremely grave human rights abuses in a U.S. court.
How to Recover a Role for Congress and the Courts in Decisions to Wage War
A recent set of cases on congressional standing opens up an opportunity to restore Congress’ recourse to the courts for serious war powers violations—if Congress is willing…
With Supreme Court Mired in Dark Money, Time for Large Dose of Transparency
Senator Sheldon Whitehouse writes that there is a dual problem with the Supreme Court: not only the web of special-interest, secret donor influence surrounding it; but an extraordinary…