Latest in Courts & Litigation
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A History, Taxonomy and Qualified Defense of the Presumption of Regularity
The presumption of regularity is an important principle that courts use in cases regarding executive discretion. However, failure to codify this principle has led to dozens of different interpretations a... -
Fourth Circuit Rejects Wikimedia’s Suit Against the NSA on Secrecy Grounds
The Wikimedia Foundation, which runs Wikipedia, claimed that the NSA’s “Upstream” surveillance program captures its international communications and is a violation of its First Amendment free-speech righ... -
Supreme Court to Hear State Secrets Case on FBI Surveillance
The court’s ruling in FBI v. Fazaga could have significant implications for future challenges to government surveillance under FISA and to the government’s use of the state secrets privilege. -
DNI Haines Asserts State Secrets Privilege in Civil Lawsuit Involving Saudi Arabia
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The Courts Restore the 'Remain in Mexico' Program: An End to Judicial Deference?
The courts failed to accord deference to executive decisions about foreign affairs and resource allocation in immigration enforcement. The Biden administration’s best move might be to develop a more comp... -
The Anatomy of a Screw Up: The Biden Eviction Moratorium Saga
The Biden administration’s rule-of-law credibility is the big loser; and the Supreme Court’s shadow docket the big winner. -
Why Van Buren Is Good News for Cybersecurity
One reason why Van Buren is good news for cybersecurity is that companies will actually need to improve the security of their systems, instead of hoping the threat of CFAA lawsuits or prosecutions will r... -
Fighting Insider Abuse After Van Buren
A win for civil libertarians does not mean a loss for data owners. -
Supreme Court to Hear State Secrets Case Involving Guantanamo Detainee
Abu Zubaydah, a detainee held at Guantanamo, wants testimony from two former CIA contractors about his treatment at a CIA black site in connection with a criminal inquiry in Poland. The government says t... -
The Supreme Court Reins In the CFAA in Van Buren
The Supreme Court handed down its first major decision construing the Computer Fraud and Abuse Act last week. The decision is a major victory for those of us who favor a narrow reading of the CFAA. It d... -
Supreme Court Rules in Van Buren v. United States
The Supreme Court issued a decision in Van Buren v. United States, a case involving the Computer Frauds and Abuses Act. -
Al-Hela v. Biden and Due Process at Guantanamo
The whole D.C. Circuit is set to rehear a case that could decisively determine whether foreign aliens held at Guantanamo Bay have constitutional due process rights.
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