CENTER FOR ETHICS AND THE RULE OF LAW​

Essential to ending war is a NATO pledge not to admit Ukraine

From Mar. 17-19, an online benefit conference entitled “What Good is Philosophy? The Role of the Academy in a Time of Crisis” raised funds to establish a center in Kiev that would support academic and civic institutions in Ukraine. Among the speakers were novelist Margaret Atwood, Ukrainian history scholar Timothy Snyder, and public intellectuals from […]

Mark Fallon discusses science of interviewing on LI News Radio

CERL Advisory Council member Mark Fallon joined LI News Radio to discuss his three-decade career in government service, including his role as Deputy Commander of the military task force established to bring terrorists to justice before Military Commissions in Guantánamo Bay, and the science of effective interviewing. According to Fallon: “There has been research—over 120 […]

Mark Fallon testified before Minnesota Judicial Committee on science-based interviewing

CERL Advisory Council member Mark Fallon testified last week before the Minnesota Judicial Committee on a Minnesota bill that aims to prohibit admission of confessions obtained when deception is used. Fallon emphasized the science of effective interviewing, stating: We now know that deceptive police practices contribute to false confessions. We also know science-based methods produce […]

Russia’s disruption of U.S. drone was within the laws of armed conflict

A U.S. Air Force drone crashed over the Black Sea on Tuesday after being intercepted by two Russian SU-27 fighters. CERL Advisory Council member Mary Ellen O’Connell cautions against direct confrontation with Russia over the crash, explaining that Russia’s actions were within the laws of armed conflict, even if conducted in what top White House […]

Why were young women poisoned in Iran?

Iran has arrested over 100 suspects in connection with the alleged poison attacks against hundreds of schoolgirls across the country. CERL Affiliated Faculty Firoozeh Kashani-Sabet explains how women’s liberties remain “fragile and precarious” under the  patriarchal rule of the Islamic Republic. According to Prof. Kashani-Sabet,  “At a time when women’s liberties have receded throughout the world, including in neighboring […]

The Year of Section 702’s Reauthorization: A Reply on “Back Door” Searches

Section 702 of the Foreign Intelligence Surveillance Act, which allows the U.S. government to collect data on non-U.S. persons located abroad with assistance from electronic communication service providers, is set to expire on December 31, 2023. In an article for Just Security, CERL Advisory Council member George Croner details the debate around this surveillance program, […]

Rehabilitation for Torture at Guantanamo is a Moral and Legal Imperative

As the Biden administration takes action to hold Russia accountable for war crimes in Ukraine, it is essential for the United States to meet its own obligations under international law—particularly, its obligation under the Convention against Torture to provide rehabilitation services to the men now detained at Guantánamo who are suffering the consequences of torture. […]

Presidential privileges are not absolute

In a newly filed court brief, the Department of Justice said former President Donald Trump is not immune from lawsuits connected with the Jan. 6, 2021 attack on the U.S. Capitol. CERL Executive Board member Stuart Gerson told Law360: “There are a lot of places where the permissible scope of an official’s activity are limited. […]

Anita Allen recipient of 2023 Privacy Papers for Policymakers Award

CERL Affiliated Faculty Anita L. Allen, Henry R. Silverman Professor of Law and Professor of Philosophy at the University of Pennsylvania, received a 2023 Privacy Papers for Policymakers (PPPM) Award for her article in the Yale Law Journal Forum entitled “Dismantling the ‘Black Opticon’: Privacy, Race, Equity, and Online Data-Protection Reform,” which assesses the vulnerabilities to […]

CERL experts discuss criminal justice at CAIL and Project Aletheia conference

The Center for American and International Law (CAIL), Project Aletheia at John Jay College of Criminal Justice, and American University Washington College of Law Academy on Human Rights and Humanitarian Law held a conference Sept. 27 entitled “Bridging the Gap Between Science and Practice of Interrogation.” Leading academic, law enforcement, and legal experts convened at […]

A new role for NATO in conflict zones

CERL Affiliated Faculty Lynn Meskell recently returned from Brussels, where she presented on heritage conflict at UNESCO World Heritage sites and post-conflict reconstruction to NATO. One year after Russia’s invasion of Ukraine, she urges NATO to operate with more local information and understanding as part of their longer-term humanitarian efforts. According to Prof. Meskell: Russian […]

Ian Fishback’s American Nightmare

United States Army Major Ian Fishback, a valued member of the CERL community and decorated soldier who reported systematic detainee abuse in Iraq, died tragically at an adult care facility in Bangor, Michigan after failing to receive adequate treatment from the Veterans Affairs health care system. This New York Times Magazine article, which includes reflections […]

Between the Lines features conversation with Mark Fallon

CERL Advisory Council member Mark Fallon joined Between the Lines to discuss his three-decade career in national security, his work leading the DOD al-Qaeda task force, and his book Unjustifiable Means. According to Fallon: “You had this family of interrogational abuses up to and including torture that had been implemented by the CIA at black sites […]

Opinion: Real Church Committee Advises Jim Jordan’s “New Church Committee” to Change Course

Rep. Jim Jordan, who chairs the newly established subcommittee on the “Weaponization of the Federal Government,” is conducting investigations that House Republicans claim are modeled after the 1975-76 Select Committee on Intelligence Activities. In a co-authored opinion, Dennis Aftergut, Norman Ornstein, and CERL Executive Board member Stuart Gerson discuss the letter issued on Feb. 15 […]

How congressional reforms will shape the military justice system

Over a year has passed since lawmakers reached a landmark agreement in Dec. 2021 to overhaul the military justice system and reform handling of sexual assault cases. CERL Advisory Council member Geoffrey Corn, a military legal expert, discussed with the The Texas Tribune–ProPublica investigative unit what these congressional changes entail and how they will shape […]

Claire Finkelstein advised on ethics plan for Philly mayoral hopeful Allan Domb

Philadelphia mayoral candidate Allan Domb released on Feb. 10 a plan to prevent conflicts of interest arising from his portfolio of real estate holdings in Center City. The plan includes selling his business and properties to an entity that would be owned by his son and other investors, if elected, and having an independent ethics […]

Chinese spy balloon was opportunity to gain intelligence

CERL Board Emeritus James Clapper joined Anderson Cooper on CNN to discuss the downing of a “high-altitude object” on Feb. 10. According to Director Clapper: “It would be very useful, as this situation evolves, if the administration could devise a protocol that could be explained to the Congress and the public as to what the […]

Opinion: Two cheers for democracy in America

Recent legislative and judicial actions may signal a return to rule of law values, according to CERL Executive Board member Stuart Gerson. Read why congressional passage of the Electoral Count Reform Act of 2022 (ECRA)— bipartisan election reform aimed at preventing another Jan. 6—and the Supreme Court’s likely rejection of a doctrine known as the […]

Opinion: Trump’s tax returns show he was a bigger risk than we realized

On December 30, 2022, a House committee released six years of former President Trump’s tax returns. In his latest for MSNBC, CERL Advisory Council member Richard Painter discusses just how problematic the details about his foreign entanglements are for U.S. national security. According to Prof. Painter: “[I]t is frightening to think of a president of […]

Richard Painter weighs in on Republican promise to investigate Hunter Biden

After the midterm elections, Republicans doubled down on using their majority to investigate Biden and his family’s business dealings. CERL Advisory Council member Richard Painter told The Guardian the president should have recused himself from matters relating to Ukraine, yet Republicans are unlikely to find any instance of quid pro quo. According to Prof. Painter: […]

Richard Painter discusses role of ethics within Congress, SCOTUS, and Executive branch

CERL Advisory Council member Richard Painter joins the host of Lawyer 2 Lawyer podcast, Craig Williams, to discuss government ethics in light of allegations against Rep. George Santos and recent pressure to investigate the role some members of Congress might have played in Jan. 6. According to Prof. Painter: “If the voters care more about […]

Rangita de Silva de Alwis led course focused on women and intersectionality in security

CERL Affiliated Faculty Rangita de Silva de Alwis taught a course entitled “Continuing Conflict: Old Challenges and New Debates” at Harvard Kennedy School. Students collaborated with United Nations Security Council (UNSC) non-permanent members and other ambassadors to the United Nations to examine two continuing conflict zones—Afghanistan and the Sahel region in Africa—looking specifically at the […]

Mark Fallon urges trust be restored between police and the public

CERL Advisory Council member Mark Fallon is quoted in an article for Time about why police should not be permitted to lie about evidence to suspects in an investigation. According to Fallon, “There are far too many confession-driven practices that exploit weaknesses and lack dignity. Police should be banned from lying to suspects during interrogation. […]

Anita Allen featured in a profile for Diverse Issues in Higher Education

CERL Affiliated Faculty Anita Allen, an interdisciplinary thinker with a storied career in law, bioethics, and data protection, discusses her recent 2022 Bioethics Founders’ Award in a profile for Diverse Issues in Higher Education. “So, I think what I bring to the table, any table at which I sit, is not just an interest in […]

Businesses have an “ethical responsibility” to solve the climate problem, Eric Orts explains

An article for Wharton Global Youth Program highlights CERL Affiliated Faculty Eric Ort’s latest research around the role that businesses can play in addressing climate-related issues. According to Prof. Orts, “Businesses can’t just say, ‘Hey, we’re going to follow the same path we’ve been following.’ Business has an ethical responsibility just like consumers, citizens, governments […]

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Businesses have an “ethical responsibility” to solve the climate problem, Eric Orts explains