CENTER FOR ETHICS AND THE RULE OF LAW​

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 […]

Israel was ‘doubly justified’ in attacking Iran’s nuclear weapons program

In an opinion for the Jewish Chronicle, CERL Advisory Council member Geoffrey Corn argues Israel was “doubly justified” in launching airstrikes on Iran’s military and nuclear facilities last month. Since the two countries have been engaged in an ongoing war since at least October 7, he contends, Israel did not need to meet the requirements […]

Dismantling of DOJ Public Integrity Section puts rule of law at risk, Gerson warns

Stuart Gerson, member of CERL’s Executive Board, is quoted in reporting by Sarah N. Lynch, Ned Parker, Peter Eisler and Andrew Goudsward of Reuters on the dismantling of a section at the Department of Justice put in place after the Watergate scandal to prevent the politicization of prosecutions involving public officials. Gerson warns of the […]

‘Longstanding tradition of an independent military’ at stake in L.A. protest response 

In a segment on Al Jazeera, CERL’s Professor Claire Finkelstein discusses the evolving situation in Los Angeles, California, including the legality of deploying the National Guard and U.S. Marines under 10 U.S.C. § 12406, the strength of Governor Gavin Newsom’s lawsuit against President Donald Trump, and the role of the courts in addressing the interplay […]

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Some call on Ireland to stop the U.S. from transporting weapons through its airports when international law is at stake