Litigation
854 Articles
The National Security Delegation Conundrum
The two main opinions in Gundy v. the United States highlight the imbalanced stakes of current constitutional non-delegation doctrine. Those worried about unchecked presidential…
Understanding the Decision to Revive the Sudanese Genocide Lawsuit Against BNP Paribas
The Second Circuit Court of Appeals recently ruled that a lawsuit brought by victims of genocide in Sudan against the French mega-bank can proceed.
An Emergency or Business as Usual? Huawei and Trump’s Emergency Powers
Should the emergency declaration be used purely as leverage in a trade war, it would clearly be an abuse of the intent of emergency powers.
Why the Fight for the Supreme Court Became So Ugly
In a new documentary, called “Supreme Revenge,” airing Tuesday night on PBS, FRONTLINE goes back decades to tell the story of how the Supreme Court confirmation process has…
Somalia War Crimes Trial Starts Monday, as Another Survivor Seeks Justice
The third in a trio of federal cases brought by the San Francisco-based Center for Justice and Accountability (CJA) on behalf of victims and survivors of Siad Barre’s rule in…
Palestinians Claim Violations by Israeli Settlers in Airbnb Case in U.S. Court
In March, two Palestinian-Americans and two Palestinian villages moved to intervene in a suit brought against Airbnb, a global home-rental online platform, in federal court in…
Barr’s Redaction Process, cont’d
Attorney General William Barr testified at length last week, in the House and the Senate, about his ongoing process of redacting the Mueller Report in anticipation of sharing it…
Barr the Redactor?
[April 7 UPDATES noted.] In his March 29 letter, Attorney General William Barr informed the Chairs of the congressional Judiciary Committees that the report Special Counsel Robert…
What Has Bill Barr Done to Earn the Benefit of the Doubt?
Luppe Luppen critiques James Comey's and Benjamin Wittes's claim that the public should assume good faith on the part of Bill Barr.
How Barr May Interpret What It Means to Withhold “Grand Jury Information”
While federal rules govern grand jury secrecy, they contain room for interpretation. Here's how the Attorney General may interpret them broadly to hide a large swath of Mueller's…
The Mattis Transgender Policy Will Go Into Effect Next Friday
Last Tuesday, in response to a government motion, the U.S. Court of Appeals for the District of Columbia Circuit altered its previous schedule and ordered the Clerk to issue the…
As the Mueller Investigation Closes, New York Investigations Shift into High Gear
On Friday March 21, 2019, the investigation by Special Counsel Robert Mueller came to a close when he delivered his final report to Attorney General William Barr. Two days later,…