Litigation
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Corporate Criminal Accountability for International Crimes
Above: Flickr/The International Criminal Court Ed. note. This post is the latest in our series on the upcoming U.S. Supreme Court case Jesner. v. Arab Bank, a case with implications…
Episode 45 of the National Security Law Podcast: An Inter-Jurisdictional Cluster-You-Know-What?
Has it only been a week? Yeesh. Well, we are back! In this episode, Bobby Chesney and I focus on three topics: The Mueller investigation and the prospect that Mike Flynn…
A Better Solution in Jesner v. Arab Bank
Ed. note. This article is the latest in our series on the U.S. Supreme Court case Jesner. v. Arab Bank, a case that is slated to resolve the question of whether corporations can…
For Quick and Strong Justice, Look to the Courts—Not Guantanamo
On Wednesday, Senators Lindsey Graham and John McCain reignited a seemingly settled debate by urging that Sayfullo Saipov, the suspect in Tuesday’s horrific terrorist attack…
Episode 44 of the National Security Law Podcast: Interrogation, Prosecution, and Detention Issues in the Wake of the NYC Attack
We are back, one day after dropping episode 43, with an emergency podcast discussion the legal consequences of the horrific attack that occurred in New York City yesterday. The…
What’s Going on at Gitmo?
Big news out of Guantánamo today: Marine Brig. Gen. John Baker, the chief defense counsel for the Military Commissions, was found guilty of contempt and sentenced to 21 days confinement…
Can Defense Counsel Ever Be Lawfully Surveilled by the Government?
David Luban’s essay (“Indefensible: Why Guantánamo defense lawyers can’t ethically participate any longer”) presents an excellent rendition of most of the ethics rules…
Jesner Oral Arguments, Justice-by-Justice
Ed. Note: This article is the latest in our series on the U.S. Supreme Court case Jesner v. Arab Bank, a case that is slated to resolve the question of whether corporations can…
Corporations Should be Held Liable for Violations of the Law of Nations
Ed. note. This article is the latest in our series on the U.S. Supreme Court case Jesner. v. Arab Bank, a case that is slated to resolve the question of whether corporations can…
The Guantánamo Ethics Mess
The latest episode in the Military Commission’s efforts to try Abd al-Rahim al-Nashiri for the U.S.S. Cole bombing is a dramatic dispute between Air Force Col. Vance Spath,…
The Original Meaning of the Alien Tort Statute
At oral argument in Jesner v. Arab Bank, Supreme Court Justice Neil Gorsuch raised a theory about the about the original meaning of the Alien Tort Statute (ATS), a provision of…
Jesner v Arab Bank Symposium: The Virtually Unanswerable Argument from General Principles
In their briefs and oral arguments before the Supreme Court earlier this month, counsel in Jesner v. Arab Bank met some astronomical expectations. But questioning from Justices…