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The Justice for Victims of War Crimes Act would finally give the U.S. the ability to prosecute suspected war criminals found inside U.S. borders, regardless of nationality, and now Congress needs to clos...
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The Justice Department asserted that hostilities between the U.S. and al-Qaeda are ongoing to justify the time it is taking to facilitate Khan’s resettlement, months after he completed his sentence.
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In 2014, the State Department said that “the test for any nation committed to [the Convention against Torture] and to the rule of law is not whether it ever makes mistakes, but whether and how it correct...
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The Supreme Court’s June decision in West Virginia v. Environmental Protection Agency drastically limits the agency’s regulatory authority to curtail the effects of the climate crisis and stands in jarri...
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Republicans have long advocated against platform censorship, while Democrats have favored more restrictions on speech. In the wake of the Supreme Court’s decision, both parties are now pushing speech pol...
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In Torres v. Texas Dep’t of Public Safety, the Court held that private suits against states are authorized under Congress’s war powers, carving out a new structural waiver exception to state sovereign im...
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The Summer 2022 Supplement for Bradley, Deeks, & Goldsmith, Foreign Relations Law: Cases and Materials (7th ed. 2020) is now available on Lawfare.
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In a 6-3 decision released on June 8, the Supreme Court ruled that claims filed by individuals under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics against federal agents do not extend...
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The Supreme Court ruled that federal courts lack jurisdiction to review fact findings in discretionary relief cases related to immigration proceedings.
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In February, President Biden nominated Judge Ketanji Brown Jackson to the U.S. Supreme Court. We reviewed several of Jackson’s opinions to see what they might reveal about her views on issues relevant to...
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What are the extent and limits of the court’s jurisdiction over the conflict?