Rule of Law
784 Articles

Precision and Civilian Casualties: Policymakers Believe Drones Can Be Precise. That May Not Be Enough.
What do policymakers’ own views of drones – particularly as they relate to civilian casualties – reflect, and how do those views affect policymaking?

Setting the Record Straight: The Pardon Power is Part of the Rule of Law
Writing from the perspective of a former federal prosecutor, Barbara McQuade decried President Donald Trump’s most recent exercise of the pardon power, which supposedly poses…

Poland: Failing at Both Law and Justice
Poland’s justice system is in “disarray” for the second time in just over two years as a result of the policies of the country’s Law and Justice-led government. The history…

Norms Watch: Damage to Democracy and Rule of Law in June 2018
We’re reviving Norms Watch, our series tracking President Donald Trump’s divergence from democratic norms, as well as the ways norms are sometimes discarded in reaction to…

China and the Rule of Law: A Cautionary Tale for the International Community
The Communist Party of China has been leading an extraordinary effort to transform the country into a fazhi (法制) nation or “a country under the rule of law.” The phrase…

Loopholes in Public Corruption Laws Benefit Swamp Dwellers
If we are to deter corruption and hold accountable officials who breach the public’s trust, some changes in the law are needed.

Letter to the Editor: Much More Iceberg Below the Surface on Civilian Casualties
[Editor’s note: Ryan Goodman responds to Gabor Rona in a follow-on piece.] Ryan Goodman makes a compelling case that the United States undercounts its civilian casualties.…

The Intel Community’s Annual Transparency Report Raises More Questions Than It Answers
The Office of the Director of National Intelligence's new mandatory report, summarizing certain intelligence agencies’ surveillance activities in 2017, is one of the most important…

More Questions for Gina Haspel—The Record of False CIA Claims about Torture’s “Efficacy”
Recently Katherine Hawkins published a comprehensive set of questions that Gina Haspel, nominee to head the CIA, should be asked during her confirmation hearings (“What the…

An Opportunity for National Security Transparency in the Trump Era
Hartig and Geltzer--who served in the National Security Council, Defense Department, and Justice Department--examine the benefits of transparency in national security policy, what…

The Military, the Mexican Border and Posse Comitatus: Four Key Takeaways
The four core legal issues to watch as a “militarized border” implementation plan develops. Written by former Navy commander, serving as a tactical jet aviator and attorney…

Norms Watch: Democracy, the Trump Administration, and Reactions to It (Feb. 2018)
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…