United States v. Texas
Vol. 137 No. 1
Executive discretion in federal enforcement proceedings is, perhaps, a distinctly American legal tradition. In the eighteenth century, while private litigants dominated criminal actions in...
National Security
A Label Covering a “Multitude of Sins”: The Harm of National Security Deference
Forum response to Professor Chesney's Comment
Response to No Appetite for Change: The Supreme Court Buttresses the State Secrets Privilege, Twice
Vol. 136 No. 1
Torres v. Texas Department of Public Safety
Vol. 136 No. 1
In the words of Justice Kagan, the Supreme Court’s state “sovereign immunity decisions have not followed a straight line.” The Court’s first foray into...
No Appetite for Change: The Supreme Court Buttresses the State Secrets Privilege, Twice
Comment on United States v. Husayn (Zubaydah) and FBI v. Fazaga
Vol. 136 No. 1
Israel Levies National Security Law to Shutter Six Palestinian Civil Society Organizations
Citing its National Security Law, Israel recently designated six Palestinian civil society organizations as terrorist groups. This designation, based on classified evidence, amounts to...
Data Protection Commissioner v. Facebook Ireland Ltd.
Court of Justice of the European Union Invalidates the EU-U.S. Privacy Shield.
Vol. 134 No. 4
Fazaga v. FBI
Ninth Circuit Holds that FISA Displaces the State Secrets Privilege for Electronic Surveillance.
Vol. 133 No. 5
Al-Alwi v. Trump
D.C. Circuit Holds the Government’s Authority Has Not Unraveled.
Vol. 132 No. 5
United States v. Hamidullin
Fourth Circuit Holds Taliban Member Not Entitled to Combatant Immunity.
Vol. 132 No. 2
Trump v. Hawaii
Vol. 132 No. 1
As a candidate for President of the United States, Donald Trump “call[ed] for a total and complete shutdown of Muslims entering the United States...