Latest in Criminal Justice & Rule of Law
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Why Was Tear Gas Used to Quell American Protests?
Most governments consider tear gas a weapon of war yet routinely use it against their own populations during periods of internal unrest. The history is complicated. -
Questions for the Government in the Bolton Book TRO Hearing(s)
Judge Lamberth will convene a hearing on June 19 at 1:00 p.m. to consider the government's petition for a temporary restraining order and motion for preliminary injunction. What are the relevant legal is... -
The Supreme Court Rules That Trump’s DACA Rescission Doesn’t Pass Muster
As in the 2019 census case, Chief Justice John Roberts was not convinced by the administration’s justification for the policy change. -
Trump Administration Moves to Block Release of Bolton's Book
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Assessing the Government’s Lawsuit Against John Bolton
The government faces many hurdles. -
Trump Administration Sues Bolton Over Book Publication
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How Platforms Can Prevent Misinformation Like #dcblackout
During protests in Washington, D.C., a conspiracy theory spread on Twitter that the federal government had cut off communications within and from the city. Twitter users could have been warned. -
Using Qui Tam Statutes to Check Unconstitutional Exercises of Executive Power
The Supreme Court has severely curtailed—and in many cases effectively eliminated—the ability to sue federal officials to vindicate constitutional rights. Congress can force courts to entertain these sui... -
Can Law Enforcement Officers Refuse to Identify Themselves?
It’s complicated. -
Did a Government Drone Flight Over a Protest Violate the Fourth Amendment?
The Supreme Court’s landmark Fourth Amendment decision in Carpenter could impose new limits on aerial surveillance. -
Suits Under Title III of the Helms-Burton Act Suffer Their First Significant Setback
One year ago, President Trump allowed Americans with claims to property confiscated by the Cuban government to sue any entity that “traffics” in that property. But a recent decision by a Florida district... -
Why Were Out-of-State National Guard Units in Washington, D.C.? The Justice Department’s Troubling Explanation
Either the Justice Department’s legal reasoning is wrong, or it’s right—in which case Congress should close the loophole immediately.


