Rule of Law
829 Articles
U.S.-ICC Relations Under a Biden Administration: Room to Be Bold
The Trump administration approached the ICC with open and unproductive hostility. Can Biden reset relations? Kip Hale says yes: first, remove sanctions. Second, investigate and…
Military Personnel and the Putsch at the U.S. Capitol
If active duty, reserve, retired, or former military personnel participated in the Jan. 6 Capitol attack, how should they be held accountable? Courts martial may be available for…
Q&A with Steve Vladeck and Rolf Mowatt Larssen on Democracy, Insurrection, and Where We Go From Here
In the aftermath of the certification of Biden’s victory and the insurrection at the Capitol, a discussion about how institutions and norms withstood the assault and what weaknesses…
Why D.C.’s Mayor Should Have Authority Over the D.C. National Guard
Congress should give the mayor of D.C. control over the D.C. National Guard, absent federalization, to prevent the president both from misusing the DCNG as his own personal army…
Ugandan Human Rights Lawyer Fights Charges on Eve of Presidential Election
Following a now-predictable pattern in the leadup to the polls, authorities have hastened arrests of political opponents and critics of President Museveni.
How New Congress Can Shine Light on Trump Era and Persisting Abuses
Three kinds of information Congress should get from Biden administration.
The Promises of FOIA in 2021: A Ready Pathway to Accountability
It's not just a matter of choice for Biden admin. Here's what the Freedom of Information Act — and pending litigation — requires the executive branch to disclose about Trump…
Invoking Martial Law to Reverse the 2020 Election Could be Criminal Sedition
In his increasingly desperate bid to hang on to the White House, President Trump is reportedly contemplating invoking martial law to force the invalidation of the results of the…
How Biden Can Defeat Strategic Corruption
An incoming president can designate strategic corruption as a national security threat, giving the Treasury Department the task of managing an interagency anti-corruption task…
A Roadmap for Reform: How the Biden Administration Can Revitalize the Office of Legal Counsel
As President-Elect Joe Biden announces his picks for cabinet positions, the Nation’s focus has increasingly turned to the challenges facing the incoming administration. One such…
Polish Government’s Attacks on Rule of Law Violate Not Only EU Norms but International Law
The repeated violations of fundamental rights and principles corrode the very foundations of the democracy Poland fought so hard to win.
The Failed Transparency Regime for Executive Agreements
This article is cross-posted at Lawfare. In late October, the United States and Sudan reportedly signed a bilateral agreement “to resolve claims arising from the 1998…