Professor Rona Calls for Regulation of Private Military Industry in Just Security

There’s no ambiguity about their culpability under U.S. law. While a state’s military forces have a license under the international law of armed conflict to kill enemy combatants in war, there is no such “privilege of belligerency” for non-state fighters, including private contractors.

Professor Herz Writes Op-Ed in the NY TImes: "Why Kavanaugh Should Not Attend the White House Ceremony"

Why Kavanaugh Should Not Attend the White House Ceremony

It would be a first step in demonstrating that he is the independent jurist he claims to be.

By Michael Eric Herz

Professor Sebok's Op-Ed in the NY Law Journal: New Ethics Opinion on Litigation Funding Gets It Wrong

For the reasons we will set out in this article, Opinion 2018-5 incorrectly interprets New York Rule of Professional Conduct (RPC) 5.4 dealing with lawyer independence, specifically determines to be unethical activities far less intrusive on lawyer independence than many lending practices that have been accepted and used by almost every law firm for decades, and drives a wedge between settled New York case law and—if the committee’s interpretation of RPC 5.4 were correct—the ethics rules.

Professor Seligman in PrawfsBlawg on Constitutional Politics, Court Packing, and Judicial Appointments Reform

In the aftermath of Justice Kennedy’s retirement announcement, several legal scholars have suggested that Democrats should add seats to the Supreme Court when they retake the Presidency and Congress.

Professor Zelinsky's Op-Ed in Law360: Interpreting Complex Statutes - When to Go Beyond the Text

In such an environment, it is easy to overlook Wisconsin Central Ltd. v. United States.[4] While the short-term stakes in Wisconsin Central are not as high as the stakes of these other cases, the long-term implications of Wisconsin Central will prove equally significant.

Professor Deborah Pearlstein in Slate: How Trump's DOJ is Justifying Reversing Itself on the Legality of Indefinite Family Detention

The principal restriction they have in mind is a judicial decree in the long-standing Flores case, enforcing a settlement that requires the government to “release a minor from its custody without unnecessary delay” except where detention of the minor is required “either to secure his or her timely appearance before the INS or the immigration court, or to ensure the minor’s safety or that of others.”

Professor Pearlstein in Just Security on the Family Separation Crisis and the Courts

"Among other things, the Trump administration has asked another federal court to amend a longstanding court-approved settlement agreement (known as the Flores Agreement) in order to allow the government to confine parents and children together in immigration detention not just for the 20 days current law permits, but indefinitely."