Litigation
854 Articles
A Microsoft Ireland Fix: Time to Act is Now!
It’s been almost a year since the Second Circuit issued its decision in the Microsoft Ireland case, ruling that U.S. warrant authority pursuant to the Electronic Communications…
Important New Bipartisan Bill To Advance Accountability for International Crimes in Syria
Following on the heels of last week’s chemical weapon attack in Syria, Senators Marco Rubio (R-FL), Ben Cardin (D-MD), Jeanne Shaheen (D-NH), Bob Corker (R-TN), Bob Menendez…
Closing the Loop: Sabrina De Sousa Pardoned for Role in CIA Torture and Rendition
Just a quick note to close the loop on the Sabrina De Sousa case, which I discussed in greater detail here. On the day before she was to be extradited to Italy from Portugal,…
NYPD Muslim Surveillance Settlement a Victory for New Yorkers, but Vigilance Still Needed
Just a day before courts blocked President Donald Trump’s second “Muslim ban,” a judge in New York City formally approved a joint settlement in two lawsuits challenging…
Norms Watch: Tracking the Erosion of Democratic Traditions (Mar. 10-17)
Editor’s Note: Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of…
Ukraine Asks for Immediate Relief in Its Case Against Russia before the International Court of Justice
Further to our original post about Ukraine’s suit against Russia before the International Court of Justice, the ICJ is holding hearings this week on Ukraine’s request for provisional…
Norms Watch: Tracking the Erosion of Democratic Traditions (Feb. 17-24)
Editor’s Note: Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of…
To Detain Lawfully or Not to Detain: Reflections on UK Supreme Court Decision in Serdar Mohammed
The United Kingdom Supreme Court recently delivered a number of high profile and long-awaited decisions, Belhaj v Straw and Rahmatullah v Ministry of Defence, and the joined appeals…
A Proposed Fix To the Microsoft Ireland Case
On Tuesday, I posted the Second Circuit’s denial of the petition for rehearing en banc in the Microsoft case and promised to write more. I have now done so (via Slate); the piece…
UK Supreme Court allows claims to proceed against UK officials for complicity in CIA torture
Earlier this month, the UK Supreme Court unanimously ruled that claims against UK officials for complicity in torture, unlawful detention and rendition are not barred by State…
The UK Supreme Court’s Landmark Judgment Belhaj v. Straw: A View From the United States
On Tuesday, the Supreme Court of the United Kingdom gave its judgment in Belhaj v. Straw and Rahmatullah v. Ministry of Defence, two human rights cases brought against UK officials…
UK Supreme Court Judgment on Extra-Territorial Detention in Iraq and Afghanistan
Today, the UK Supreme Court gave judgment (full text) in the joined appeals of Al Waheed v Ministry of Defence and Serdar Mohammed v Ministry of Defence (in which I represented…