Supreme Court

The Independent State Legislature Theory Should Horrify Supreme Court’s Originalists

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Jun 30th, 2022

Protecting the Freedom of Peaceful Assembly After Bruen: A Roadmap for State Lawmakers

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Jun 30th, 2022

NSO v. WhatsApp: Should the Solicitor General Recommend Allowing Foreign Corporations to Claim Immunity?

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Jun 9th, 2022

Plyler’s Promise

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May 20th, 2022

Supreme Court Should Address Prior Restraints on Former Gov’t Employees

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May 19th, 2022

The Supreme Court Should Stop Individual States From Dictating National Immigration Policy

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Apr 25th, 2022

In US v. Husayn (Abu Zubaydah), the Supreme Court Calls Torture What It Is

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Mar 11th, 2022

80 Years After Executive Order 9066, the Supreme Court Still Shuts Its Eyes to Reality

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Feb 18th, 2022

Denezpi v. U.S.: Double Jeopardy, Dual Sovereignty, and Tribal Courts

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Feb 12th, 2022

Penobscot v. Frey: A Chance to Correct Course on Sovereignty Jurisprudence

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Feb 1st, 2022

Mexico v. Smith & Wesson: U.S. Court Duel Over Extraterritorial Legal Issues Looms with Motion to Dismiss

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Dec 14th, 2021

Changing the Story: Artificial Intelligence and Patent Eligibility

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Oct 25th, 2021

Ruminations on the Abu Zubaydah Supreme Court Oral Argument: Three Surprising Turns

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Oct 18th, 2021

Mexico v. Smith & Wesson: Does US Immunity for Gun Manufacturers Apply Extraterritorially?

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Aug 19th, 2021

What the US Government Brief Should Have Said in Al-Hela: On Guantanamo and Due Process

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Jul 12th, 2021

Nestlé & Cargill v. Doe: What’s Not in the Supreme Court’s Opinions

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Jun 30th, 2021

The Surprisingly Broad Implications of Nestlé USA, Inc. v. Doe for Human Rights Litigation and Extraterritoriality

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Jun 18th, 2021

State Secrets and the Torture of Abu Zubaydah

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Jun 16th, 2021

Folly at the Supreme Court: Choosing Between Competing Originalist Claims

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May 18th, 2021

Biden Team’s Litigation Tactics on Guantanamo Undercut Biden Policy to Close the Prison

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Apr 21st, 2021

We Do Need to Reform the Supreme Court

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Apr 8th, 2021

Upcoming Cases Provide Opportunities to Reassess the Application of the Due Process Clause at Guantanamo

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Mar 3rd, 2021

We Don’t Need to Reform the Supreme Court

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Feb 12th, 2021

Authoritarian Populism, Courts and Democratic Erosion

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Feb 11th, 2021

The Meaning of the Supreme Court’s Ruling in Germany v. Philipp

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Feb 8th, 2021

Judges Doing What Judges Do: A Unified Theory of the 2020 Election Season

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Jan 5th, 2021

The System Is Not Working: The Lopsided Election Result, Not The Courts, Saved Our Democracy

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Dec 21st, 2020

Nestlé & Cargill v. Doe Series: Judicial Activism, Corporate Exceptionalism, and the Puzzlement of Nestlé v. Doe

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Dec 11th, 2020

Supreme Court Preview: Collins v. Mnuchin and the Expanding ‘Unitary Executive’ Theory

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Dec 8th, 2020

Nestlé & Cargill v. Doe Series: In Oral Arguments, Justices Weigh Liability for Chocolate Companies

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Dec 7th, 2020

Election Law Primer: What to Expect During and After the 2020 Election

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Nov 3rd, 2020

The President and Immigration Law: The Danger and Promise of Presidential Power

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Oct 19th, 2020

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