Rule of Law
703 Articles
Why the Cartwright Pardon is More Important Than the Manning Commutation
Today’s news of President Obama’s decision to commute most of the rest of Chelsea Manning’s 35-year prison sentence has received (and will receive) significant…
Norms Watch: Tracking Team Trump’s Breaches of Democratic Traditions
We’re launching a regular series tracking President-elect Donald Trump’s adherence, or lack thereof, to democratic norms. These norms are not necessarily legally required,…
The Office of Special Counsel’s Oversight Role in National Security: A Home for Whistleblowers
To function efficiently and effectively, the government must promote whistleblowing by its employees. This is especially true in the national and homeland security contexts, where…
The Drone Memos Offers a Critique of Obama Administration’s ‘Shortsighted’ Policies on Targeted Killing
There are a lot of books about drones. In addition to fictionalized accounts of drone use and technical manuals, numerous policy books have been written that describe drone technology,…
US-led Coalition Needs to Improve ‘Opaque, Ad Hoc’ Process for Reporting Civilian Casualties, New Report Says
President Barack Obama’s July 2016 Executive Order on Civilian Casualties has improved U.S. monitoring and reporting of civilian casualties caused by its airstrikes, but far…
The Newly Released National Security Framework Report: An Important Step Forward
On Tuesday, President Obama made the case in his final national security speech that staying true to American values is not a weakness, but the country’s greatest strength…
The Bobbitt Version
Beginning in 2002 with the publication of The Shield of Achilles: War, Peace and the Course of History and continuing through Terror and Consent: the Wars for the Twenty First…
Philip Bobbitt’s War Without Tears
In times of war, it’s sometimes said, the laws fall silent—but the laws, and the human rights lawyers who would enforce them, are still faintly murmuring, and these faint murmurs…
The ACLU Goes to War
The Drone Memos collects important memoranda from the Justice Department, addresses by Barack Obama, John Brennan, Harold Koh, Eric Holder and others, executive orders and various…
Will Trump Bring Back Torture? Not if He Learns from the Past and Follows the Law
Since Donald Trump’s election victory last week, attention has turned to figuring out which promises he will keep and which he will abandon. Regarding torture, there have been…
Investigating Surveillance Around Standing Rock
An anonymous Facebook plea recently went viral, asking people to check in to the Standing Rock Indian Reservation to thwart police surveillance of the Dakota Access pipeline protesters.…
US Transparency Regarding International Law in Cyberspace
Last Thursday, State Department Legal Adviser Brian Egan, delivered an important speech at Berkeley Law School on the relationship between international law and cyber activities. …