Rule of Law

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The U.S. Supreme Court at night.

With Supreme Court Mired in Dark Money, Time for Large Dose of Transparency

Senator Sheldon Whitehouse writes that there is a dual problem with the Supreme Court: not only the web of special-interest, secret donor influence surrounding it; but an extraordinary…
Pence and Barr in the East Room of the White House on November 6, 2019 in Washington, DC.

About Those Constitutional Norms, Mr. Attorney General  

The president’s non-cooperation in the Ukraine investigation breaches the bipartisan understanding that the president has a responsibility to come clean with Congress about foreign…
Paul Ney Gives a Talk at Vanderbilt Law School on September 3, 2019.

Top DoD Lawyer Stresses U.S. Compliance with the Rule of Law in Military Operations

On September 3, 2019, Paul Ney, the General Counsel of the U.S. Department of Defense (DoD), delivered the Charney Distinguished Lecture in International Law at Vanderbilt Law…
Trump makes a statement in the Diplomatic Reception Room of the White House October 27, 2019 in Washington, DC.

Norms Watch: Damage to Democracy and Rule of Law in October 2019

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 those…
A U.S. Air Force Commando Solo aircraft flies over the Statue of LIberty October 23, 2001 in New York Harbor.

More or Less Justice? More or Less Security?

Reflecting on what's changed since Just Security launched six years ago, and three challenges that we now confront.
A statute of Poland’s 17th-century monarch King Sigismund III Vasa covered with a chasuble reading the word "Constitution" on September 17, 2018.

Did the ECJ Just Give a Stamp of Approval to Poland’s Backsliding?

The European Court of Justice is set to rule this year or early next on Poland’s two-year-old revised disciplinary regime for judges, a central mechanism that the ruling Law…
U.S. $100 bills

Congress Wakes Up, Finally Decides to Tackle Kleptocracy

A brief overview of some of the bills in question, including the most important piece of anti-kleptocracy legislation the U.S. has ever seen,
Donald Trump speaks on the phone with Russia's President Vladimir Putin from the Oval Office of the White House on January 28, 2017, in Washington, DC.

Norms Watch: Damage to Democracy and Rule of Law in September 2019

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 those…
Demonstrators hold up signs as Environmental Protection Agency (EPA) chief Scott Pruitt testifies before the House Energy and Commerce Committee regarding his corruption. April 26, 2018 - Capitol Hill in Washington, DC. A sign reads, “Mr. Corruption.”

For Scientific Integrity in Government, Fix Political Appointments Process

The Brennan Center's National Task Force on Rule of Law and Democracy recommends ways to rein in abuses by converting long-held norms into law.
A Sudanese demonstrator waves his hands as he stands on the hood of a security forces' vehicle, urging others not to cross the security barrier, during a protest near the presidential palace in Sudan's capital Khartoum on September 12, 2019, calling for the appointment of a new permanent chief of judiciary and prosecutor general.

Bringing the Rule of Law to Sudan

The country's new civilian ministers of justice and foreign affairs outlined their plans at the United Nations and appealed for international support before the window of opportunity…
Words from 'The New Colossus' poem by Emma Lazarus are engraved on the Emma Lazarus Memorial Plaque in Battery Park on August 14, 2019 in New York City.

Norms Watch: Damage to Democracy and Rule of Law in August 2019

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 those…
A chart with columns for the Department of Justice and the Central Intelligence Agency reads, “How long will it take?” DOJ: “Unclear, but a substantive response is required within 30 working days.” CIA: “As a general rule, 30 days. But lengthier, more complex submissions ‘may require a longer period of time for review.’” Question 2: “Is there a process for appealing censorship decisions?” DOJ: “Yes. Appeals are to the Deputy Attorney General, who will process appeals within 15 days.” CIA: “Yes. Appeals are to the Assistant Deputy Director.” Question 3: “Where do these rules come from?” DOJ: “28 C.F.R. 17.18” CIA: “CIA AR 13-10, Agency Prepublication Review of Certain Material Prepared for Public Dissemination (May 10, 2013); CIA Secrecy Agreement (Form 368).”

New Resource Tool Sheds Light on Government’s Prepublication Review System

For more than three years, the American Civil Liberties Union and the Knight First Amendment Institute at Columbia University have been litigating a series of Freedom of Information…
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