CENTER FOR ETHICS AND THE RULE OF LAW​

Legal options available to states for protecting autonomy of National Guard

Under agreements reached between the Trump administration and the National Guards of Texas and Florida, Guard personnel would be responsible for conducting law enforcement activities in support of efforts by U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement to arrest and detain undocumented immigrants. In commentary for a Center for a New […]

Dispensing with mandatory law of war training in U.S. Army is ‘dangerous’ 

Under new U.S. Army regulation, once-mandatory training focused on teaching soldiers about the legal frameworks governing war will be optional and at the discretion of commanders. In an opinion for Military Times, CERL Advisory Council member Geoffrey Corn warns of the dangers of cutting these trainings, noting that respect for and compliance with the law […]

Trump’s campaign to revoke student visas is ‘merely performative,’ doing little to combat antisemitism on college campuses

The Trump administration has stripped hundreds of foreign university students of their visas, many of whom were targeted for their participation in pro-Palestinian activities. In an opinion for The Hill, Frank Figliuzzi and CERL’s Professor Claire Finkelstein explain why President Trump’s actions not only run counter to his stated goal of combatting antisemitism but also […]

Comey investigation raises questions about First Amendment protections

Former FBI Director James Comey is being investigated by the Trump administration for posting a “threat” to the president on social media. Mark Zaid is quoted in a Washington Post article by Mark Berman, Patrick Marley, and Perry Stein discussing the incident and the apparent targeting of individuals who have criticized the Trump administration.   Mark […]

Ethics experts raise concern about a DOGE employee’s personal ties to Musk

CERL’s Professor Claire Finkelstein is quoted in an article by Jake Pearson for ProPublica discussing whether Christopher Young, an advisor to Elon Musk who also works for the Department of Government Efficiency (DOGE), is in violation of conflict-of-interest rules governing federal employees. If Young’s loyalty is to Musk on a personal level, he should not […]

Fallon reflects on three-decade career in counterintelligence

In an interview with award-winning author Pamela Hamilton, CERL Advisory Council member Mark Fallon discusses his three-decade career in government, including his undercover assignments as an NCIS Special Agent, science-backed strategies for eliciting accurate and reliable information during interrogations, and the challenges he confronted as Deputy Commander of the Criminal Investigation Task Force charged with […]

Soldiers are trained to fight wars, not participate in civilian law enforcement

Professor Geoffrey Corn, member of CERL’s Advisory Council, is quoted in reporting by Uriel J. García for The Texas Tribune on the military zone established by the Pentagon as part of El Paso’s Fort Bliss Army base that permits active-duty troops to arrest migrants at the border. He notes that federal law limits the use […]

Legal experts weigh in on Trump’s intensifying criticism of the courts

CERL’s Faculty Director Claire Finkelstein is quoted in an ABC News article discussing Trump’s latest criticism of federal judges amid increasing tension between his administration and the courts.  Claire Finkelstein is the Algernon Biddle Professor of Law and Professor of Philosophy and Faculty Director of the Center for Ethics and the Rule of Law. Read […]

UN Cybercrime Convention inadequately addresses distinct risks to women and girls

The United Nations General Assembly adopted last December a treaty, known as the Cybercrime Convention, to protect against crimes involving information and communication technologies.  Professor Rangita de Silva de Alwis, member of CERL’s Affiliated Faculty, argues the Convention inadequately addresses the gendered components of cybercrime and the specific dangers posed to women and girls.     Rangita […]

Pressure waves from standing near mortars severely harm the nervous system

According to data from a recent live-fire mortar exercise, mortars are causing “overpressure,” dangerous pressure waves and leading to decreased Autonomic Nervous System (ANS) functioning. The ANS manages bodily responses such as “fight or flight,” temperature, and gastrointestinal processes, which in turn impact a person’s blood pressure, heart rate, and more. In an article for […]

ABA educational video series focuses on civics for military members

Harvey Rishikof, member of CERL’s Executive Board, recruited participants and framed topics for “Strengthening Democracy: A Civics Education Series for Military Members,” a series of educational videos for members of the U.S. armed forces by the American Bar Association’s Division for Public Education in collaboration with ABA’s Standing Committee on Law and National Security and […]

Federal judges respond to Trump’s executive orders

Trump’s sweeping executive actions in his first two weeks back in office were met with swift legal challenges to his directives. Mark Zaid, member of CERL’s Executive Board, is quoted in an article for The Hill about the myriad lawsuits against the President’s executive orders.  Mark S. Zaid, Esq., is a Washington, D.C. based attorney […]

Is presidential overreach leading to a constitutional crisis? 

CERL Faculty Director Professor Claire Finkelstein sits down with WHYY’s Studio 2 to discuss how much power a president really has and whether the plethora of executive orders signed during President Trump’s first two weeks back in office is a sign of presidential overreach and a potential constitutional crisis.  Claire Finkelstein is the Algernon Biddle […]

Governor Abbott authorizes immigration arrests by Texas National Guard

In a new agreement between Texas and the Trump administration, Texas National Guard soldiers can now arrest, detain, and deport undocumented immigrants, provided they are supervised—remotely or in person—by a U.S. Customs and Border Protection official. This is a departure from the Texas National Guard’s previous support role at the border and could be subject […]

Efforts to identify FBI personnel involved with Jan. 6 investigations raise concern

At Reuters, CERL Executive Board member Mark Zaid, Esq., is quoted in reporting covering the questionnaire FBI personnel were directed to answer about their connection to Jan. 6 investigations. Mark S. Zaid, Esq., is a Washington, D.C. based attorney who specializes in crisis management and innovatively handling simple and complex administrative and litigation matters primarily […]

Journalists face a ‘dangerous time period’ as norms erode

The Washingtonian featured an interview with CERL Executive Board member Mark Zaid, Esq., about Trump’s ousting of inspectors general, concern among federal employees about being targeted by the new administration, and the steps journalists can take to protect themselves from retaliatory action. Mark S. Zaid, Esq., is a Washington, D.C. based attorney who specializes in […]

President issues flurry of executive orders in first two weeks of presidency

After issuing more than 65 memoranda and executive orders in his first two weeks back in office, critics and supporters debate whether President Trump’s policies are stretching the legal bounds of executive power. In an article by William Roberts for the International Bar Association, Professor Mary Ellen O’Connell, a member of CERL’s Advisory Council, discusses […]

To deter Houthi attacks in Red Sea, broad-ranging actions are needed

General (ret.) Joseph Votel is quoted in an Al Arabiya English article discussing the U.S. posture toward the Houthis, noting that a broad strategy spanning economic, military, and diplomatic responses will be necessary to deter Houthi attacks on vessels in the Red Sea, a major conduit for global shipping. General Joseph L. Votel, U.S. Army […]

Zaid comments on early days of Trump presidency

Mark Zaid, member of CERL’s Executive Board, spoke with several news outlets about President Trump’s first days in office, commenting on the revocation of security clearances held by the 51 signatories on the Hunter Biden laptop letter and President Biden’s 11th-hour efforts to prevent retaliation against perceived enemies of the Trump administration.   Read on […]

As inauguration nears, some within the DoD and military voice concern

Mark Zaid, Esq., member of the CERL Executive Board, is quoted in a POLITICO article addressing the possible use of U.S. troops for domestic law enforcement. Zaid is fielding questions from individuals, including members of the DoD and military, who are concerned about the boundaries that might be overstepped under a second Trump administration. Mark […]

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As inauguration nears, some within the DoD and military voice concern