Latest in Criminal Justice & Rule of Law
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A New Jurisprudence for an Oathless Presidency
As the litigation over the travel ban has developed, the debate over the legality of the policy increasingly hinges on whether the judiciary can permissibly consider off-the-cuff statements made by Trump... -
The Laptop Ban: Costs, Benefits and Risks
My friend and Heritage colleague, David Inserra, has just released a paper entitled "Considering the Laptop Ban: Risks, Costs, Benefits, and Alternatives." For anyone interested in the issue, it is wort... -
Department of Justice Files Cert Petition in IRAP v. Trump
The Justice Department has filed a petition for a writ of certiorari in International Refugee Assistance Project v. Trump, requesting that the Supreme Court review the opinion of the U.S. Court of Appeal... -
An Increasingly Difficult Migration Climate
It’s a sticky-hot Sunday night in Tenosique, Tabasco, and Josue is carefully massaging powder onto his feet. “Do your feet hurt?” he asks, catching my gaze and offering the bottle in my direction. Mine d... -
Presidents and Sanctions: What Does the Data Tell Us?
With the appointment of former FBI director Robert Mueller as special counsel to investigate—among other matters—whether the Trump transition team improperly dangled sanctions relief in front of Putin’s ... -
Leaks Aren’t the Real Story, But They Shouldn’t Be Ignored
This morning, CNN reported that Russian government officials discussed having potentially "derogatory" information about then-presidential candidate Donald Trump and some of his top aides in conversati... -
No Laptop Ban ... For Now
Good news. Politico is reporting the breaking news that there will NOT be a ban on laptops on US-EU flights: The U.S. today opted not to introduce a ban on bringing laptops into the cabins of flights ... -
Ex parte Milligan and the Fourth Circuit’s Travel Ban Decision
A Civil War-era decision about military commission trials took center stage in the U.S. Court of Appeals for the Fourth Circuit’s en banc decision last week upholding a district court injunction against ... -
Fourth Circuit Affirms in Part Preliminary Injunction Against Travel Ban
The U.S. Court of Appeals for the Fourth Circuit has affirmed in part a district court's nationwide preliminary injunction issued against the Trump administration's revised travel ban in International Re... -
Last Week at the Military Commissions
The Military Commissions were busy last week in the case against Khalid Sheikh Mohammed, Walid bin Attash, Ramzi bin al-Shibh, Ammar al-Baluchi, and Mustafa Ahmad al Hawsawi. In summarizing what happened... -
Facebook Immune from Liability Based on Third-Party Content
In an interesting examination of the role of social media platforms and terrorism, the U.S. District Court for the Eastern District of New York dismissed two related complaints against Facebook on Thursd... -
Supreme Court Denies Cert Petition in Jawad
Earlier this week, the Supreme Court denied Mohammed Jawad’s petition for certiorari.
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