The United States has slid into competitive authoritarianism. The slide has been modest and remains reversible—but it is real. Even after Donald Trump, American democracy will remain fragile.

ICE is committed to ensuring that all those in custody reside in safe, secure and humane environments.

[Matthias Goldmann is Professor of International Law at EBS University (Oestrich-Winkel, Germany) and a Senior Research Fellow at the Max Planck Institute for Comparative Public Law and Internation…

As a professor at the Ivy League school, Kate Manne has known many, many victims. There’s a palpable feeling on campus, she writes, that this is big.

Ming-Sung Kuo (University of Warwick - School of Law) has posted Time of Legal Populism and America’s Presidential Constitution (The Cambridge Handbook of Legal Populism, forthcoming) on SSRN. Here is the abstract: Trump 2.0 not only stands out from its earlier edition but also sets itself apart from other populist takeovers of constitutional government through the ‘salami tactic’ around the globe, with its blitzkrieg-like lawfare on institutions.

The Trump administration has defended its ban on the three media outlets in a court filing.

Cass R. Sunstein (Harvard Law School; Harvard University - Harvard Kennedy School (HKS)) has posted On Not Being “Trapped in Amber” on SSRN. Here is the abstract: In United States v. Rahimi, Chief Justice Roberts wrote that the meaning of the Constitution is not “trapped in amber.” But it is possible to object that the meaning of the Constitution is fixed, and that to that extent, it is indeed trapped in amber.

Jan-Werner Mueller explains how—and how not—to interpret the far right’s recent victories in state elections.

The Legal Theory Bookworm recommends Supremacy: How Rule by the Court Replaced Government by the People by Nikolas Bowie and Daphna Renan. Here is a description: Does the U.S. Constitution force us to live under the rule of nine robed lawyers? Many Americans assume that it does. It is commonly said that the Supreme Court has always had the power to decide what the Constitution means and to strike down any act of Congress that violates the justices’ dictates.

Eine Untersuchung von 57 Ländern zeigt: Wenn die Rechte in Verantwortung kommt, gewinnt sie dazu. Daraus lässt sich für Deutschland lernen.

This link will take you to a page that’s not on LinkedIn

Derrick Wamalwa (Africa Nazarene University) has posted The Psychology of Obedience and Command Responsibility in International Criminal Law: A Critical Analysis through Milgram’s Obedience Experiments on SSRN. Here is the abstract: This paper examines the conflict between the psychological realities of obeying authority and the legal principle of command responsibility in international criminal law. It relies on Milgram’s well-known theory and experiments on obedience.

Could the Clerk of the House lead a midterm coup? Garrett Epps looks to 1863 and 1865 for warnings about our current crisis.

Die deutsche Justiz ließe sich im Zuge eines autoritären Staatsumbaus ähnlich unter Druck setzen wie in den USA unter Donald Trump. Wo liegen Schwachstellen? Was sind mögliche Gegenstrategien?

AI use in legal scholarship may not be the most important AI topic being discussed these days, but it is having a moment in the corners of the world that care about these things. Julian Nyarko has an ...

In this piece moral learning is taken to comprise the acquisition of norms and values in the moral domain. The investigation of the acquisition of such norms and values stretches back to antiquity,…