Rule of Law
809 Articles

State Imperatives to Protect Civil Rights for All
States need independent agencies with jurisdiction to enforce their residents’ rights so the valuation of those rights are evenhanded and not subject to political will.

Civil Society Donors Should Heed the Risks of FATF Grey List-Induced Panic
The Financial Action Task Force's designations of countries to thwart terrorism financing more often result in governments suppressing civil society than in real reform.

America’s War on Drug Smugglers at Sea Is Unlawful—and It Is Failing
U.S. strikes against suspected drug-trafficking vessels mark an unlawful expansion of military force into what has long been—and should remain—a law enforcement mission.

“Fight Back: How States Can Counter Authoritarianism” Series
A series exploring the powers and authorities state and local governments have to check federal overreach and protect democratic norms and individual rights.

What the Presumption of Regularity’s Erosion Means for Challenges to Executive Action
The erosion of the presumption of regularity presents opportunities to those challenging the Trump administration’s agenda in court.

Collateral Accountability: The Oldest Check on Federal Lawlessness
As a federal-level accountability desert forms, states are reviving "collateral accountability" — damages suits against federal officers who violate constitutional rights.

A Sentence in Damascus and An Accused in Moscow: The Limits of Syria’s First Attempt at Accountability
Bashar Al-Assad's in absentia conviction represents a milestone in Syria's justice system, but the trial was plagued by glaring problems.

States Can Fight Federal Overreach by Protecting State Data
States must be vigilant stewards of their data — auditing what they hold, limiting what they share, and enforcing legal constraints against federal overreach.

Sword of the People: The Power of Grand Juries to Investigate Administration Corruption
The untold power of regular grand juries and special grand juries to independently conduct investigations and issue reports when federal prosecutors won't.

When the President Does It …
Lessons from Nixon's forgotten essay in defense of his infamous remark.

Commandeering, Coercion, and Executive Power
States have constitutional protections against commandeering and coercion — but face a new challenge when the federal government sidelines states completely.

Introduction to “Fight Back: How States Can Counter Authoritarianism” Series
State and local governments have constitutional and legal powers that can be harnessed to challenge repressive federal actions and to advance meaningful freedom and equality.