‘Diluting’ the law to justify policy decisions comes at a great cost
International lawyers who have adopted the approach of shaping the law to fit policy decisions are partly responsible for the eroding commitment to legal frameworks, Professor Mary Ellen O’Connell, member of CERL’s Advisory Council, writes in an opinion for Verfassungsblog. In discussing the Trump administration’s recent strikes on boats suspected of carrying drugs, she warns […]
Using force against three boats suspected of smuggling drugs is ‘legally unjustified’
The Trump administration claims to have targeted and struck “three boats” departing from Venezuela over the past few days. Professor Geoffrey Corn, member of CERL’s Advisory Council, spoke with the Washington Examiner about these strikes, noting that they lack legal justification. Geoffrey S. Corn is the George R. Killam, Jr. Chair of Criminal Law and […]
Constitution’s Commerce Clause is central to debate around state-federal balance of power
In a film produced by the Annenberg Public Policy Center’s Leonore Annenberg Institute for Civics, Professor Kermit Roosevelt, member of CERL’s Affiliated Faculty, discusses a section of the U.S. Constitution known as the Commerce Clause, which gives Congress regulatory power over commercial activity among states and foreign nations. The clause plays a critical role in […]
Strike on ship from Venezuela killing 11 marks a shift toward “outlawry”
The killing of the 11 people onboard the ship from Venezuela suspected of transporting illegal drugs signals a move on the part of the Trump administration toward “outlawry,” according to CERL Advisory Council Member Benjamin Farley in an opinion at Foreign Policy. In painting drug smugglers as terrorists and using dubious legal justifications, the president […]
Lifting of ban on racial profiling will put at risk constitutional rights of millions of Americans
CERL’s Professor Claire Finkelstein joined Al Jazeera to discuss the lifting of a restriction that barred immigration agents from stopping individuals based on their race or ethnicity, language, location, or employment. The ruling upends longstanding legal precedent and threatens the constitutional rights of Americans, Prof. Finkelstein notes. Claire Finkelstein is the Algernon Biddle Professor of […]
Were military lawyers ‘steamrolled’ in decision to launch Tren de Aragua boat attack?
There is near-total agreement among experts in military law that the recent attack against the boat in international waters suspected of carrying drugs was a violation of domestic and international law. Yet military lawyers who bear an obligation to these laws presumably reviewed the order as it moved through the chain of command. In an […]
U.S. strike on drug-transporting boat in Caribbean violated ‘right to life’
The U.S. military strike against an alleged drug-transporting boat off the coast of Venezuela was unlawful, according to CERL Advisory Council Member Mary Ellen O’Connell in an opinion for The Conversation. The United States is party to a human rights treaty that sets out the “inherent right to life” in times of peace, as well […]
Gaming: The new frontier of military training
At War on the Rocks, General Joseph Votel, member of CERL’s Executive Board, explains how gaming can enhance military training by building skills that are critical for modern warfare, simulating environments that would otherwise be difficult to replicate, and allowing the United States to maintain its advantage over adversaries. He urges defense leaders to invest […]
Former senior government officials warn Trump’s ban on collective bargaining ‘undermines national security’
A group of former high-level national security officials in the U.S. government, including CERL Executive Board Member Alberto Mora, filed an amicus brief in the case AFGE, AFL-CIO, et al. v. Trump asserting that an executive order issued by President Trump, which attempts to remove collective bargaining rights from a large number of federal works […]
Strike on Venezuela boat allegedly carrying drugs was a violation of international law
The U.S. military this week struck a boat from Venezuela purportedly carrying drugs, killing 11 people. Professor Mary Ellen O’Connell is quoted at Reuters discussing the legality of the operation. The United States “had no right” to lethally target the individuals suspected of involvement with drug trafficking, she said. She is also quoted at The […]
Raid on Trump’s former national security advisor appeared ‘vindictively suspicious’
Mark Zaid, member of CERL’s Executive Board, was interviewed by Chanel Four Television about the raid conducted by the FBI on Trump’s former national security advisor, John Bolton, calling it “vindictively suspicious.” Mark S. Zaid, Esq., is a Washington, D.C. based attorney who specializes in crisis management and innovatively handling simple and complex administrative and […]
U.S. military action in Mexico against cartels would violate UN Charter
Professor Geoffrey Corn, member of CERL’s Advisory Council, is quoted in a Newsweek article discussing President Trump’s reported plans to carry out strikes against cartels in Mexico. Without the prior authorization of Mexico, any U.S. military operations in Mexico would be “an act of aggression” in breach of international law, Professor Corn explains. Geoffrey S. […]
Talks on finalizing security guarantees for Ukraine are a ‘good step’ toward bringing Russia-Ukraine war to an end
General Joseph Votel, member of CERL’s Executive Board, joined Fox News to speak about the meeting among NATO defense chiefs to finalize a security package for Ukraine. He explains the interplay between military operations and political agreements, as well as discusses the ability of European nations to serve in a peacekeeping role. General Joseph L. […]
Revoking security clearances of 37 U.S. officials was ‘unlawful and unconstitutional’
Over 30 national security officials this week had their security clearances revoked by President Trump. Mark Zaid, member of CERL’s Executive Board, is quoted in a New York Times article discussing this latest move by the administration to rid intelligence of “politicization,” noting that the decision to strip officials of their clearances was “unlawful and […]
U.S. Air Force assets deployed to Diego Garcia before strikes on Iran have been withdrawn
Satellite images showed an emptying out of U.S. military aircrafts from Diego Garcia, a joint U.K.-U.S. military base in the Indian Ocean that served a key role in U.S. signaling to Tehran before Operation Midnight Hammer, when the United States struck three Iranian nuclear facilities. General Joseph Votel, member of CERL’s Executive Board, told Newsweek […]
Is use of force authorized against terrorist-designated drug cartels?
President Trump has directed the Pentagon to start using military force against terrorist-designated drug cartels in Latin America. Professor Geoffrey Corn, member of CERL’s Advisory Council, is quoted in a Rolling Stones article discussing the criteria that would need to be met in order to authorize the use of force, including the threat of or […]
Prof. Meskell elected to British Academy
Join us in congratulating Professor Lynn Meskell, member of CERL’s Affiliated Faculty, on her election to the British Academy! The British Academy is the national academy for the humanities and social sciences in the United Kingdom. Lynn Meskell is Penn Integrates Knowledge (PIK) Professor at the University of Pennsylvania with joint appointments in the Department of […]
The right to provide humanitarian aid in Gaza
In a post for EJIL: Talk!, Professor Mary Ellen O’Connell, member of CERL’s Advisory Council, discusses the rights to obtain and offer humanitarian assistance in conflict zones. She notes that in the case of Gaza, consent from Israel to deliver aid is not a requirement but from a practical standpoint, cooperation among parties heightens the […]
Trump’s export deal raises legal and national security concerns
Professor Orde Kittrie, member of CERL’s Advisory Council, is quoted in a Newsweek article discussing a new deal struck between President Trump and two chipmaking companies, Nvidia and AMD, requiring that the companies give the U.S. government a percentage of their revenue from sales to China. Professor Kittrie warns that Congress, not the president, holds […]
U.S. Navy carrier strike group spotted approaching the Strait of Hormuz
Imagery from the European Space Agency’s satellites showed Carrier Strike Group 11, a formation of U.S. Navy warships, including an aircraft carrier, approaching the Strait of Hormuz between the Persian Gulf and Gulf of Oman. General Joseph Votel, member of CERL’s Executive Board, told Newsweek there has been a notable expansion of U.S. military posturing, and […]
Absent congressional action, Trump cannot extend mobilization of troops in DC
Professor Claire Finkelstein, faculty director of CERL, is quoted in Reuters reporting discussing President Trump’s efforts to seize control of the police force in Washington, D.C. and the federal law that allows him to do so for up 30 days in extreme circumstances. According to Professor Finkelstein, absent congressional action, the president cannot exceed the […]
What is at stake in three-day trial over Trump’s deployment of the National Guard in CA
In a conversation with June Grasso, host of Bloomberg Law Podcast, CERL’s Professor Claire Finkelstein discusses the lawsuit filed by Governor Gavin Newsom and the State of California against President Trump for his deployment of federal troops to Los Angeles to quell protests, and what is stake in the three-day trial in San Francisco that […]
Should Philadelphia brace for a ‘federal takeover’?
CERL’s Professor Claire Finkelstein spoke with KYW Newsradio about President Trump’s deployment of the National Guard to Washington, D.C. Philadelphia and other major cities should prepare for the possibility of efforts by the Trump administration to wrest control of local law enforcement, she states. With federal law shifting and the Supreme Court taking a “sympathetic” […]
Expectations around Trump-Putin summit
President Trump and Russian President Vladimir Putin met in the United States on Friday, August 15, 2025, to discuss the ongoing war in Ukraine. Ahead of the summit, General Joseph Votel, member of CERL’s Executive Board, spoke with Fox News about what it might take to set the two countries on a path toward peace, […]
UNESCO must address ‘state-led destruction’ of cultural heritage
The UNESCO World Heritage Committee held its 47th session last month in Paris, France. In analysis for the Australian Institute of International Affairs, Professor Benjamin Isakhan and Professor Lynn Meskell, member of CERL’s Affiliated Faculty, discuss the failure to address state-driven destruction of cultural heritage, noting the cases of Ukraine and Gaza, and offer measures […]
The utility and limits of the proportionality rule
At Lawfire, Professor Geoffrey Corn, member of CERL’s Advisory Council, discusses his new article in the International Law Studies Journal of the U.S. Naval War College, “Proportionality: Can’t Live With It But Can’t Live Without It.” Professor Corn explains he was motivated to write the article after an enlivened discussion at the Naval War College […]
‘Impartiality’ is paramount in handling of Epstein case
CERL’s Professor Claire Finkelstein joined NPR’s All Things Considered to discuss concerns involving the role played by Deputy Attorney General Todd Blanche in the handling of the Epstein case. As President Trump’s former personal attorney, Blanche may have an interest in representing the interests of the president, Professor Finkelstein explains. Claire Finkelstein is the Algernon […]
Operation Midnight Hammer raises questions pertaining to scope of presidential war powers
At the Cipher Brief, Professor Geoffrey Corn, member of CERL’s Advisory Council, discusses several legal questions arising from the U.S. attack on Iran’s nuclear and military sites, including those pertaining to the reach of and constraints on presidential war powers. Through its lawmaking authority, Congress has the ability to limit or terminate measures undertaken through […]
Ruling from NH federal judge to block Trump’s birthright citizenship order is likely to face scrutiny
A federal judge has certified a class-action lawsuit filed by the ACLU and other groups that seeks to protect children affected by President Donald Trump’s order to end birthright citizenship. Professor Kermit Roosevelt, member of CERL’s Affiliated Faculty, told Roll Call it is unlikely the Supreme Court will rule in favor of a “substitute,” having […]