Publications

EXCLUSIVE: FBI’s War Crimes Unit on the Chopping Block

Author(s): 
Beth Van Schaack
Publication Date: 
February 10, 2019
Publication Type: 
Other Writing

[UPDATED] A special unit within the Federal Bureau of Investigation that handles war crimes may be shut down imminently, according to officials familiar with the administration’s decision-making process. The FBI’s International Human Rights Unit takes the lead on investigating individuals within the United States who have been accused of committing international crimes, including war crimes, torture, genocide, female genital mutilation, and the recruitment of child soldiers.

Amicus Brief of EFF and Riana Pfefferkorn

Author(s): 
Riana Pfefferkorn
Publication Date: 
January 25, 2019
Publication Type: 
Litigation Brief

Amicus brief of Electronic Frontier Foundation and Riana Pfefferkorn in support of Petitioners-Appellants Jason Leopold and Reporters Committee for Freedom of the Press, filed in the D.C. Circuit. The petition in the court below sought to unseal certain sealed surveillance matters in the District of D.C.'s docket and also sought prospective changes to enhance the transparency of the court's surveillance docket going forward.

Brief of Amici Curiae Former U.S. Magistrate Judges in Support of Petitioners

Author(s): 
Stephen Wm. Smith
Publication Date: 
January 25, 2019
Publication Type: 
Litigation Brief
Amicus brief of former magistrate judges, including CIS Director of Fourth Amendment and Open Courts Stephen Wm. Smith, in support of Petitioners-Appellants Jason Leopold and Reporters Committee for Freedom of the Press, filed in the D.C. Circuit. The petition in the court below sought to unseal certain sealed surveillance matters in the District of D.C.'s docket and also sought prospective changes to enhance the transparency of the court's surveillance docket going forward.
 

Brief of Retired Federal Judges as Amici Curiae in Support of Neither Party

Author(s): 
Stephen Wm. Smith
Publication Date: 
January 25, 2019
Publication Type: 
Litigation Brief

Amicus curiaei brief of retired judges, including CIS Director of Fourth Amendment and Open Courts, in the Court of Appeals for the Federal Circuit in a case challenging the fees charged by the federal courts for electronic access to court records.

People used to joke about ‘Democrats in disarray.’ They’re not joking now.

Author(s): 
Henry Farrell
Publication Date: 
January 30, 2019
Publication Type: 
Other Writing

The comedian Will Rogers famously joked: “I am not a member of any organized political party. I am a Democrat.” Until relatively recently, neither Republicans nor Democrats were particularly organized. Instead, they were loose coalitions of politicians with very different ideologies. Sam Rosenfeld is an assistant professor at Colgate University.

Who Do You Sue? State and Platform Hybrid Power Over Online Speech

Author(s): 
Daphne Keller
Publication Date: 
January 29, 2019
Publication Type: 
Other Writing

This essay closely examines the effect on free-expression rights when platforms such as Facebook or YouTube silence their users’ speech. The first part describes the often messy blend of government and private power behind many content removals, and discusses how the combination undermines users’ rights to challenge state action. The second part explores the legal minefield for users—or potentially, legislators—claiming a right to speak on major platforms.

Objections to Magistrate Judge's Report and Recommendation

Author(s): 
Jennifer Granick
Riana Pfefferkorn
Publication Date: 
January 16, 2019
Publication Type: 
Litigation Brief

Objections to Magistrate Judge's Report and Recommendation to deny the Petition, plus supporting documents (supporting declaration of Jennifer Granick, administrative motion, proposed orders).

The problem with Brexit is that there’s no obvious next step

Author(s): 
Henry Farrell
Publication Date: 
January 16, 2019
Publication Type: 
Other Writing

No one was surprised that British Prime Minister Theresa May’s proposed Brexit deal was rejected Tuesday by the House of Commons. What was surprising was that the vote was 432 to 202. Normally, such a humiliating defeat would lead to the resignation of the prime minister. That is highly unlikely to happen: May will continue as prime minister, while Labour leader Jeremy Corbyn’s motion of no confidence is unlikely to succeed. However, it’s hard to see an alternative deal that would pass muster with both the House of Commons and the European Union.

What Homeland Security Can Learn from Casinos

Author(s): 
Brian Nussbaum
Publication Date: 
January 11, 2019
Publication Type: 
Other Writing

At first glance, the problems of homeland security and cybersecurity may seem an odd fit for the Center for Gaming Research and the Special Collections and Archives at UNLV’s Lied Library, but in some important ways it actually fits quite well.

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