CENTER FOR ETHICS AND THE RULE OF LAW​

Applying international criminal law to the Israel-Hamas war

In a piece for Opinio Juris, CERL Executive Board member Jens David Ohlin provides a legal assessment of the attacks by Hamas on Israel, demonstrating how the targeting of civilians, killings, and taking of hostages by Hamas not only constitute war crimes, but also crimes against humanity and genocide. He also makes clear that all […]

Eastman trial could shape disciplinary standard for lawyers

Attorney John Eastman, who played a central role in former President Donald Trump’s attempts to overturn the presidential election, is on trial before the California State Bar for alleged disciplinary violations. CERL Faculty Director Claire Finkelstein told Bloomberg Law the case will encourage lawyers to proceed with greater caution. The article cites a 2021 complaint, […]

Critical issues in the FISA Section 702 renewal debate

Absent congressional approval, Section 702 of the Foreign Intelligence Surveillance Act (FISA) will expire at the end of calendar year 2023. CERL Advisory Council member George Croner joined the inaugural episode of the Foreign Policy Research Institute’s Overheard podcast to explain the origins of the foreign intelligence surveillance program and why it is so critical […]

Celebrating new volume, Ethical Dilemmas in the Global Defense Industry

George Washington Law’s Government Procurement Law Program, together with the Defense Industry Initiative on Business Ethics Conduct, hosted an event last month on the new release of Ethical Dilemmas in the Global Defense Industry. The volume is the eleventh in a series between CERL and the Oxford University Press designed to address abiding questions at […]

How climate disclosure laws are changing

Gov. Gavin Newsom set a new standard for corporate climate disclosure when he signed on Oct. 7 new laws requiring that large businesses disclose climate-related risks and greenhouse gas emissions. CERL Affiliated Faculty Eric Orts joined Wharton Business Daily to discuss these new developments and how state legislation could impact the national regulatory landscape. Eric […]

General Votel reacts to Hamas attack on Israel

CERL Executive Board member General Joseph Votel, along with several other experts from the Middle East Institute, issued a reaction to the Hamas attack on Israel. General (Ret.) Joseph L. Votel is the former Commander of the U.S. Central Command and a retired U.S. Army Four-Star General. He is also a member of the CERL […]

Director Clapper addresses Trump’s sharing of sensitive nuclear sub data

ABC News reporting revealed that former President Donald Trump allegedly shared sensitive U.S. nuclear submarine information with a foreign businessman at Mar-a-Lago. CERL Executive Board Emeritus James Clapper joined Wolf Blitzer on CNN to discuss just how serious this infraction could be for national security, if true. Lt. Gen. Clapper (Ret.) is an emeritus member […]

The future of corporate climate disclosure

Governor Gavin Newsom recently signed into law a series of bills that will require large California companies to disclose greenhouse gas emissions and efforts to manage climate risks. In a co-authored opinion for The Hill, CERL Affiliated Faculty Eric Orts discusses how the passage of these laws and new regulations in the European Union are […]

Evaluating the PCLOB’s recommendations to amend FISA Section 702

The Privacy and Civil Liberties Oversight Board (PCLOB) released on Oct. 5 a report on Section 702 of the Foreign Intelligence Service Act (FISA) including a comprehensive analysis of the current program and a set of 19 recommendations to address privacy and civil liberties concerns. In an opinion for Just Security, CERL Advisory Council member […]

How Trump’s civil fraud case could impact his presidential run

Former President Donald Trump appeared in a Manhattan courtroom on Monday for a civil trial relating to the fraudulent inflation of business assets by Trump and others in the Trump Organization. On Al Jazeera, CERL’s Prof. Claire Finkelstein joined Daniel Freeman of the Center for Congressional and Presidential Studies and Carrie Sheffield of Independent Women’s […]

Book review features Fallon’s Unjustifiable Means

A review by CounterPunch on Roy Eidelson’s new book, Doing Harm: How the World’s Largest Psychological Association Lost Its Way in the War on Terror, features CERL Advisory Council member Mark Fallon’s 2017 book, Unjustifiable Means: The Inside Story of How the CIA, Pentagon, and US Government Conspired to Torture. Mark Fallon has been in […]

Constitutional basis for lawsuits seeking to bar Trump from ballot

Lawsuits filed in California, Colorado, Minnesota, and New Hampshire seek to disqualify former President Donald Trump from appearing on the ballot under the 14th Amendment. In an opinion for Los Angeles Times, CERL Affiliated Faculty Kermit Roosevelt explains the constitutional basis for these suits, exploring the history of Section 3 of the 14th Amendment and […]

New legal brief argues against removing Meadows’ case to federal court

A group of Republicans on Monday filed an amicus brief arguing that removing Mark Meadows’ Georgia election case to federal court would be inappropriate, citing the constitutionally entrusted role of states to administer federal elections. CERL Executive Board member Stuart Gerson is among the signatories. Stuart Gerson is Member of the Firm at Epstein Becker […]

Penn conference to address violence against women in Iran

CERL Affiliated Faculty Firoozeh Kashani-Sabet is among the organizers of a two-day conference marking the one-year anniversary of Mahsa (Jîna) Amini’s death and the “Woman. Life. Freedom.” protests that followed. Penn Today interviewed the organizers about the conference and why it is so important to keep sustained attention on the issue. Prof. Kashani-Sabet is the […]

Does Section 3 of the 14th Amendment apply to Trump?

CERL Affiliated Faculty Kermit Roosevelt joined C-SPAN’s Washington Journal to discuss if and how Section Three of the 14th Amendment—which disqualifies a person from holding public office if they have participated in “insurrection or rebellion” after having taken an oath of office—applies to former President Donald Trump. Kermit Roosevelt is the David Berger Professor for […]

The promise of MDMA therapy for PTSD patients

When coupled with talk therapy, the psychedelic drug MDMA can minimize symptoms of PTSD, according to new research findings from MAPS Public Benefit Corporation. CERL Executive Board Member Brig. Gen. (Ret.) Stephen N. Xenakis, M.D., who heads up the American Psychedelic Practitioners Association, told The New York Times MDMA-assisted therapy can be a lifeline for […]

Why Meadows’ bid to transfer Georgia election case was denied

District Judge Steve Jones rejected a request by Donald Trump’s former White House chief of staff, Mark Meadows, to transfer his Georgia election case from the state to federal court. In an opinion for Slate, CERL’s Prof. Claire Finkelstein offers three reasons for why Jones made the right decision, key among them: attempting to overturn […]

BGen Baker quoted in POLITICO on Guantánamo

CERL Executive Board member Brig. Gen. (Ret.) John Baker testified at a December 2021 Senate Judiciary Committee hearing on closing Guantánamo Bay, urging the U.S. government to resolve the remaining cases as expeditiously as possible. A POLITICO article quotes his statement. BGen Baker is the Federal Public Defender for the Western District of North Carolina. […]

How AI is reshaping the political attack ad landscape

Artificial intelligence is changing the game when it comes to political attack ads by generating deepfake content that is more realistic and convincing, explains CERL Executive Board member Stuart Gerson in a Bloomberg Law article. These attacks are not just happening in the domestic space; international actors are targeted, too. Stuart Gerson is Member of […]

SEC v. Jarkesy: What is at stake for American democracy

Next term, the Supreme Court will hear Securities and Exchange Commission v. Jarkesy, a case questioning the power of administrative law judges (ALJs) to enforce securities law. In an opinion for Columbia Law School’s The CLS Blue Sky Blog, CERL Affiliated Faculty Eric Orts explores what is at stake for American democracy, particularly when it […]

PA ruling on Trump immunity applies only to civil case, not criminal prosecution

After a Pennsylvania court granted Trump presidential immunity in a civil case, a conservative commenter claimed in a widely circulated YouTube video that Trump had “absolute immunity” from being prosecuted. CERL’s Prof. Claire Finkelstein is quoted in USA Today explaining why this claim is misinformed. Claire Finkelstein is the Algernon Biddle Professor of Law and […]

What Trump’s strategy will be in the Georgia case

Former President Donald Trump surrendered to Fulton County Jail on Aug. 24 in connection with charges of election interference in Georgia. CERL’s Prof. Claire Finkelstein appeared on Al Jazeera to discuss this development and how Trump is likely to defend himself. Claire Finkelstein is the Algernon Biddle Professor of Law and Professor of Philosophy at […]

That Putin could be behind death of Prigozhin is not shocking

Yevgeny Prigozhin, head of Wagner Group, died in a plane crash on Aug. 23. Director James Clapper, an emeritus of the CERL Executive Board, spoke with Insider about the Kremlin’s apparent role in the crash and what he expects of Russian leadership in the future. Lt. Gen. Clapper (Ret.) is an emeritus member of the […]

Why there is so little transparency at GTMO

CERL Advisory Council member Mark Fallon is quoted in an article by Elise Swain of The Intercept detailing the restrictions she faced as a journalist covering Guantánamo. Fallon explains efforts on the part of the U.S. government to control narratives about the detainees and what transpired at the prison. Mark Fallon has been in the […]

“You’re Fired”: Criminal Use of Presidential Removal Power

If elected in 2024, could Donald Trump use his presidential power to stop the criminal proceedings against him, even if such actions would likely qualify as obstruction of justice? In an article for New York University Journal of Legislation & Public Policy, CERL Faculty Director Claire Finkelstein and Prof. Richard Painter of the University of Minnesota explore […]

What makes the Georgia case different for Trump

Former President Donald Trump now faces his fourth indictment. CERL’s Prof. Claire Finkelstein spoke with Al Jazeera about what makes the Georgia case, concerning efforts to overturn the election results, different from the others. In particular, she points to the role Trump’s aides could play in surfacing evidence against him. Read here and here. Claire Finkelstein is […]

Opinion: The Case for Why the Constitution Blocks Trump Being President Again

Section Three of the 14th Amendment disqualifies a person from holding public office if they have participated in “insurrection or rebellion” after having taken an oath. In an opinion for TIME, CERL Affiliated Faculty Kermit Roosevelt addresses the questions of whether Donald Trump is constitutionally allowed to run for re-election in 2024 and if excluding someone […]

Stuart Gerson among former judges and attorneys endorsing trial date for Trump criminal case

A group of former judges and attorneys who served in or were appointed by Republican administrations, among them CERL Executive Board member Stuart Gerson, has endorsed the proposed trial date for the criminal case against former President Donald Trump involving the events that culminated in Jan. 6. CNN detailed the amicus brief in an exclusive. Stuart Gerson […]

GOP memo does not indicate or prove FARA violation

House Republicans released a memo this month outlining the foreign business dealings of Hunter Biden. CERL’s Prof. Claire Finkelstein told RealClearPolitics the memo does not indicate or prove a FARA violation. Claire Finkelstein is the Algernon Biddle Professor of Law and Professor of Philosophy at the University of Pennsylvania. She is founder and faculty director […]

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GOP memo does not indicate or prove FARA violation