CENTER FOR ETHICS AND THE RULE OF LAW​

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U.S. Air Force assets deployed to Diego Garcia before strikes on Iran have been withdrawn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 […]

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 […]

U.S. Merit Systems Protection Board ‘is effectively defunct’

CERL Executive Board member Mark Zaid is quoted in a Washington Post article by Perry Stein discussing the culture of fear arising from widespread firings and forced resignations at the Justice Department and FBI.  Zaid explains terminated federal government employees are required to file appeals through the U.S. Merit Systems Protection Board before pursuing other […]

U.S. should take the development of nuclear-powered icebreakers seriously

To remain competitive with Russia and China in the Arctic region, the United States should invest in a fleet of ships, called nuclear-powered icebreakers, that can traverse waters with thick ice, according to an opinion for the Washington Times by David Jonas, member of CERL’s Advisory Council. Plans that are already underway for the United […]

General Votel comments on evolving situation in Iran

General Joseph Votel, member of CERL’s Executive Board, appeared on various news outlets to discuss the situation in Iran, including Israel’s airstrikes on Iran’s nuclear and military sites, negotiations around Iran’s nuclear weapons program, and the U.S. decision to drop bunker-buster bombs on three Iranian nuclear facilities, as well as Iran’s retaliatory strikes on Israel […]

Abiding by the UN Charter is the ‘surest path to peace’ in Iran-Israel conflict

Professor Mary Ellen O’Connell, member of CERL’s Advisory Council, refutes claims that attacks by Israel and the United States on Iran’s nuclear weapons program in June were justified. She asserts the strikes were in violation of the United Nations Charter, which urges the use of diplomatic channels over military force.   Mary Ellen O’Connell is […]

Changing how the Pentagon budgets is a ‘strategic imperative’

In a piece for the National Interest, CERL Affiliated Faculty member Michael Horowitz and Lauren Kahn argue the Pentagon’s Planning, Programming, Budget, and Executive (PPBE) process cannot keep pace with today’s threat landscape and technological needs. With China rapidly growing its military arsenal, it is critical for the Pentagon to acquire new defense capabilities with […]

AUKUS security pact could face strain as courts increasingly consider challenges to executive authority

Across all three countries participating in the security pact AUKUS—Australia, the United Kingdom, and the United States—decisions about military deployment have long been shielded from judicial review through a doctrine known as “nonjusticiability.” In a piece for Lawfare, Samuel White, Daniel Skeffington, and CERL Advisory Council member Geoffrey S. Corn assert that as courts in […]

‘Congressional quiescence’ on matters connected to authorizations of military force

CERL’s Professor Claire Finkelstein is quoted in a Roll Call article discussing whether President Trump violated the Constitution in unilaterally authorizing the U.S. strikes on Iran’s three nuclear sites. Professor Finkelstein explains presidents have historically adopted wide interpretations of the War Powers Act and that Congress has done little to serve as a counterbalance in […]

Legal principles governing the president’s use of the military for domestic purposes

CERL’s Professor Claire Finkelstein participated in a virtual discussion organized by the Society for the Rule of Law addressing the circumstances under which U.S. troops can be called up for domestic law enforcement purposes. Other speakers were Kevin Carroll of Fluet, Garri Hendell of the Pennsylvania Army National Guard, and Gregg Nunziata of the Society […]

Did President Trump have the legal authority to attack Iran’s nuclear sites?

President Donald Trump did not need congressional approval to authorize the strikes on Iran, argue Professors Geoffrey Corn, Claire Finkelstein, and Orde Kittrie in an opinion for the Washington Post. While the War Powers Resolution of 1973 forbids the president from sending U.S. troops into hostilities without first consulting Congress, presidents from both parties have […]

Denying U.S. institutions federal funds for not complying with the president’s agenda is ‘extortionate’ and ‘unconstitutional’

In an opinion for the Washington Post, Professor Mitchell Berman, member of CERL’s Affiliated Faculty, argues President Trump is violating the Constitution by using or threatening to use federal funds and other government services to exert leverage on American individuals and institutions who are exercising their rights in ways that differ from his agenda. Mitchell […]

Israel’s strikes on Iran were a ‘serious violation of international law’

In speaking with WNDU’s 16 News Now about Israel’s strikes on Iran, Professor Mary Ellen O’Connell, member of CERL’s Advisory Council, urged compliance with the UN Charter and the use of diplomacy over military action. According to Professor O’Connell, Israel’s use of force did not meet the narrow permissions for self-defense. Mary Ellen O’Connell is […]

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Israel’s strikes on Iran were a ‘serious violation of international law’