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Congress Should Repeal and Replace JASTA
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Reversing the “Constitutional Revolution”: The Israeli Government’s Plan to Undermine the Supreme Court’s Judicial Review of Legislation
How did the Israeli Supreme Court use its authority after the constitutional revolution of the 1990s, and what do current proposals to limit the power of the Court to exercise judicial review over Knesse... -
The Proud Boys Jurors: Who Are They and Can They Be Fair?
Protests from defense lawyers notwithstanding, the Proud Boys jurors do not evince the prejudice required for a change of venue. -
A Chance for the Courts to Rein in Governing by Emergency
Two seemingly unrelated Supreme Court cases up for oral argument in the next few weeks will have important implications for the use of emergency powers by the executive branch—and for the long-term healt... -
A Chance for the Courts to Rein in Governing by Emergency
Two seemingly unrelated Supreme Court cases up for oral argument in the next few weeks will -
Supreme Court Releases Marshal's Report of Dobbs Leak
The Marshal's team was not able to identify a person responsible for the Dobbs leak by a preponderance of the evidence. -
Turkiye Halk Bankasi A.S. v. United States, Part 3: The Odd Executive Agreement Preemption Argument
Part 3 of a three-part series on oral arguments in Turkiye Halk Bankasi A.S. v. United States, a case that raises the question whether the U.S. government can criminally prosecute corporations owned by f... -
Oral Argument Preview: Turkiye Halk Bankasi A.S. v. United States (Halkbank)
The case raises novel questions of the FSIA’s applicability, as well as the extent of foreign sovereign immunity within criminal law. -
Turkiye Halk Bankasi A.S. v. United States, Part 2: What to Do If the FSIA Does Not Apply?
Part 2 of a three-part series on oral arguments in Turkiye Halk Bankasi A.S. v. United States, a case that raises the question whether the U.S. government can criminally prosecute corporations owned by f... -
Turkiye Halk Bankasi A.S. v. United States, Part 1: The FSIA and Criminal Prosecutions
Part 1 of a three-part series on oral arguments in Turkiye Halk Bankasi A.S. v. United States, a case that raises the question whether the U.S. government can criminally prosecute corporations owned by f... -
Disagreement Between the ICC Pre-Trial Chamber II and the Office of the Prosecutor Regarding the Afghanistan Situation
The ICC Pre-Trial Chamber II’s authorization to resume the investigation into the Afghanistan situation comes amid a disagreement with the Office of the Prosecutor regarding the temporal scope of the inv... -
Deferral and De Facto Authorities: The ICC Prosecutor’s Assessment of Afghanistan’s Deferral Request
The Office of the Prosecutor’s analysis of the merits of Afghanistan’s 2020 request to defer the ICC’s investigation not only underscores its own views of the law applicable to deferral requests but also...



