Litigation
823 Articles

The Dangerous Foreign Intelligence Exception Loophole in the Hasbajrami Decision
The Hasbajrami decision’s expansive view of the FISA foreign intelligence exception threatens to swallow the rule that the Fourth Amendment's warrant requirement applies to U.S.…

特朗普政府重塑《第十四修正案》 ——《黄金德案》并未限制出生公民权
To retcon Wong Kim Ark’s parents as the equivalent of current day green card holders is both legally and historically mistaken.

The Trump Administration’s 14th Amendment Retcon: ‘Wong Kim Ark’ Does Not Limit Birthright Citizenship
To retcon Wong Kim Ark’s parents as the equivalent of current day green card holders is both legally and historically mistaken.

The Missing Due Process for Gang Allegations
There is a long history of immigration agencies using tattoos and a set of notoriously flawed gang databases to bring false or weak claims of gang involvement.

“In the Event of Extreme Urgency”: The International Court of Justice Must Indicate New Provisional Measures to Protect Civilians in Gaza
Authors argue the ICJ must direct Israel to halt the current course of the military campaign in Gaza before too late.

Jurisdiction, Territorial Sovereignty, and the Fourteenth Amendment
A long line of authority holds that persons or things within a country’s territorial borders are subject to its jurisdiction.

The Just Security Podcast: What Just Happened Series, CIA Officers’ Lawsuit at Intersection of DEI and National Security
A small number of intelligence officers who were fired because one of their duties involved DEI efforts at CIA have sued to keep their jobs.

The Racial Twist in Trump’s Cutoff of Refugee Admissions
A case that prompted a court injunction helps show executive orders on refugee resettlement and on South Africa are egregious and unlawful.

No, the Defense Department Did Not “Ignore” a Judicial Order in 1973 Cambodia Bombing Case
I argued the Holtzman case. Nothing in Holtzman v. Schlesinger suggests that the military, acting under Presidential instructions, is empowered to ignore court orders.

More Territory, More Problems: Can Trump Seize Greenland?
An essay on the lessons for the Trump administration of territorial acquisition from the McKinley era and the dangers it would pose today.

The Just Security Podcast: What Just Happened Series, Understanding Federal Employee Rights
Labor and employment expert Suzanne Summerlin discusses the protections available to federal employees if their rights are violated.

President Trump Is Ignoring the Impoundment Control Act, Welcoming a Fight in the Courts
The Impoundment Control Act makes clear that the president does not have the authority to unilaterally impound billions in federal funds.