Brookings: Topics - Courts

The Scouting Report: President Obama’s Progress on Closing Guantánamo

Wed, 02 Dec 2009 12:30:00 GMT

Event Information:

December 02, 2009, 12:30 PM to 1:30 PM

On Wednesday, December 2, Senior Fellow Ben Wittes will participate in a live web chat and will answer questions about President Obama’s plans for closing Guantánamo, Khalid Sheik Mohammed’s upcoming trial, and White House Counsel Greg Craig’s sudden resignation. Politico’s Fred Barbash will moderate the discussion.

Governance Studies

Thu, 19 Nov 2009 09:55:43 GMT

Governance Studies brings together people interested in improving the performance of our national government and bettering the economic security, social welfare, and opportunity available to all Americans.

Judicial Nominations in the Bush and Obama Administrations’ First Nine Months

Fri, 23 Oct 2009 00:00:00 GMT

October 20, 2009 marked nine months since President Barack Obama took office. Russell Wheeler compares the nomination process for the courts of appeals and district courts of the George W. Bush administration with the current one, focusing on nominations made, hearings held, nominees confirmed and nominee characteristics. Wheeler reveals two striking findings: the relatively paucity of Obama administration nominees and the delay in full Senate action on those nominees.

Can Parent Training Reduce Abuse, Enhance Development, and Save Money?

Thu, 01 Oct 2009 00:00:00 GMT

This policy brief, a companion to the volume of The Future of Children devoted to child maltreatment prevention, the authors examine evaluations of home-visiting programs designed to improve parenting and reduce child maltreatment and how policy makers are using social science evidence to identify and support successful programs.

Social Science Rising: A Tale of Evidence Shaping Policy

Thu, 01 Oct 2009 00:00:00 GMT

In this policy brief, a companion to the volume of The Future of Children devoted to child maltreatment prevention, the authors examine evaluations of home-visiting programs designed to improve parenting and reduce child maltreatment and how policy makers are using social science evidence to identify and support successful programs.

Detainee Abuse Reviewed

Fri, 28 Aug 2009 13:48:41 GMT

Attorney General Eric Holder appointed a special prosecutor to investigate CIA operatives’ alleged abuse of terrorism detainees. Benjamin Wittes says officials from both parties question the reach of the inquest, but that Holder has acted entirely appropriately.

The Changing Face of the Federal Judiciary

Mon, 17 Aug 2009 00:00:00 GMT

With Justice Sonia Sotomayer confirmed to the U.S. Supreme Court and President Obama set to fill a number of lower court vacancies, there is renewed attention on the demographic makeup of the U.S. judiciary. Russell Wheeler examines federal judicial demographic data from the Eisenhower administration to today. He concludes that while the face of the judiciary has markedly changed over the last 30 years, it hardly mirrors the general population.

Beyond the Senate Confirmation of Judge Sonia Sotomayor

Fri, 07 Aug 2009 14:45:59 GMT

Sonia Sotomayor took the judicial oath of office on August 8, becoming the first Hspanic and third woman to serve on the U.S. Supreme Court. Visiting Fellow Russell Wheeler examines how the Obama administration will impact the judicial system and what we can expect from Justice Sotomayor.

Advice and Consent During the Bush Years: The Politics of Confirming Federal Judges

Sat, 01 Aug 2009 00:00:00 GMT

The judicial appointment process – for both the Supreme Court and the lower federal courts – has been increasingly characterized by senatorial foot-dragging, declining confirmation rates, and protestations by both political parties. Sarah Binder and Forrest Maltzman explore the politics of judicial selection, focusing on partisan, institutional, and temporal forces that shape the fate of presidential appointments to the federal trial and appellate courts. Analyzing historical patterns from over the past 60 years, they find that the polarization of advice and consent worsened over the Bush years, but was broadly consistent with the deterioration of judicial selection over the past several decades.

Seeking Fair and Effective Administration of Immigration Laws

Tue, 21 Jul 2009 00:00:00 GMT

The Obama administration announced plans to restructure how immigrants—most of whom have no criminal records—are detained. Immigration presents courts and administrative agencies tremendous challenges due to a lack of consensus and resources for total enforcement of laws governing entry to and status in the country. Russell Wheeler has explained why crafting better policies for institutions most responsible for enforcing the laws fairly should be part of the broader immigration reform effort.

Judge Sotomayor's Confirmation Hearings

Fri, 17 Jul 2009 13:41:51 GMT

In her quest to be confirmed as a U.S. Supreme Court justice, Judge Sonia Sotomayor faced four days of questioning and testimony on Capitol Hill. Russell Wheeler says Sotomayor’s Senate Judiciary Committee confirmation hearings played out as expected — and that she will be confirmed — but adds that it’s too soon to say how she will influence the court’s decisions.

The Scouting Report: Supreme Court Nominee Sonia Sotomayor

Wed, 08 Jul 2009 12:30:00 GMT

Event Information:

July 08, 2009, 12:30 PM to 01:30 PM

Brookings expert Russell Wheeler and Politico Senior Editor Fred Barbash took questions about the historic nomination of Sonia Sotomayor in the July 8 edition of the Scouting Report.

United States Detention Policy: Will Obama Follow Bush or FDR?

Mon, 29 Jun 2009 00:00:00 GMT

President Obama seems poised to adopt the Bush administration's unilateral approach to detention. This approach has failed President Bush and it will not serve President Obama any better, write Benjamin Wittes and Jack Goldsmith. The president can still get what he needs on detention, they say, if he works from Congress's bipartisan center, releases more substantial information about the detainees he thinks cannot be set free, and speaks often about the need for stable rules to govern non-criminal detentions.

Designing Detention: A Model Law for Terrorist Incapacitation

Fri, 26 Jun 2009 00:00:00 GMT

Closing the detention camp at Guantánamo Bay by President Obama's January deadline is pressuring the administration to craft a new system for incarcerating terrorist suspects, possibly through an executive order. Benjamin Wittes and Colleen Peppard suggest instead a model law for terrorist incapacitation.

Supreme Court Nominee Sonia Sotomayor is Obama’s American Dream

Thu, 28 May 2009 00:00:00 GMT

In nominating Sonia Sotomayor, the Obama administration must be more than satisfied with the early reaction from a political standpoint, writes William Galston. While Democrats are united and Hispanics are thrilled, those who oppose her must choose their words and tactics carefully so as not to antagonize further the nation’s fastest-growing demographic group.

The Supreme Court Confirmation of Judge Sonia Sotomayor

Wed, 27 May 2009 00:00:00 GMT

Only a few years ago, a Supreme Court nominee like Judge Sonia Sotomayor could expect quick, nearly unanimous confirmation. Yet recent trends in Supreme Court nominations show Sotomayor can expect a highly contentious confirmation. Brookings expert Ben Wittes writes, our system has gone from one in which people like Sotomayor, Chief Justice John Roberts and Justice Samuel Alito are shoe-ins for confirmation to a system in which they are shoo-ins for confirmation confrontations.

Will Judge Sonia Sotomayor be Confirmed as a Supreme Court Justice?

Tue, 26 May 2009 15:46:44 GMT

Russell Wheeler says there is no doubt that U.S. Appeals Court Judge Sonia Sotomayor will be confirmed to replace retiring Justice David Souter on the U.S. Supreme Court. The real question is whether she will be confirmed by the October start of the court.

Obama's Guantánamo Blueprint and America's Enemies

Thu, 21 May 2009 00:00:00 GMT

Last week, President Obama outlined his approach to closing the Guantánamo Bay detention center on the heels of Congress voting overwhelmingly to block the $80 million he requested to close the the prison. The speech was forward-looking, writes Brookings expert Ben Wittes, in that he maintained the need for a preventative detention system created by Congress and overseen by the courts.

Justice Souter and the Supreme Court’s Church-State Balance

Tue, 19 May 2009 00:00:00 GMT

President Obama will soon make his first Supreme Court nomination. It seems unlikely that the addition of President Obama’s nominee to the Supreme Court will change the outcome in church-state cases, writes Rogers, but the views and voice of his nominee will certainly affect the debate at the Court and shape decisions long after Obama leaves the White House.

The Best Judges Obama Can't Pick

Sun, 03 May 2009 00:00:00 GMT

As President Obama considers his pick to replace retiring Supreme Court Justice David Souter, several supporters insist on getting more diversity on the bench. As Benjamin Wittes cautions, Democrats have less latitude for bucking these expectations in judicial nominations than Republicans do, as the conservative talent pool on the federal courts is larger and deeper than the liberal one.

President Obama's Court Nominations

Fri, 20 Mar 2009 16:44:51 GMT

Russell Wheeler says President Obama’s nomination of David Hamilton to serve on the appellate court was a thoughtful choice but will still draw criticism.

How Might the Obama Administration Affect the Composition of the U. S. Courts of Appeals?

Wed, 18 Mar 2009 00:00:00 GMT

Following the announcement of President Obama’s first judicial nomination, Russell Wheeler offers clues to how President Obama might affect the composition of the United States Courts of Appeals. A reasonable estimate is that the proportion of Republican appointees could drop from 56 percent to 43 percent; Democratic appointees could rise from 36 percent to 57 percent.

Guantanamo Detainees: Is a National Security Court the Answer?

Tue, 17 Mar 2009 10:00:00 GMT

Event Information:

March 17, 2009, 10:00 AM to 11:30 AM

President Obama’s decision to close the Guantanamo Bay prison camp has left many thorny questions for his administration to resolve. On March 17, the Brookings Institution hosted a Judicial Issues Forum in partnership with the Progressive Policy Institute to examine these questions.

Long-Term Terrorist Detention and Our National Security Court

Mon, 09 Feb 2009 00:00:00 GMT

For years there has been a debate about whether to create a national security court to supervise the non-criminal military detention of dangerous terrorists. However, the hard question about a national security court is not whether it should exist but rather what its rules should be and, just as important, who should make these rules. As Jack Goldsmith writes, Congress and the President, rather than the courts, must play the predominant role in crafting these rules in order to have a well-designed national security court.

President Obama's Plan to Close Guantánamo

Thu, 22 Jan 2009 16:40:53 GMT

Ben Wittes says that President Obama’s three executive orders on closing Guantanamo Bay and detainee treatment are more of a process than a solution for the problem. In reality, he says, it does less than many expected.

The Obama Orders: A Quick and Dirty Analysis

Thu, 22 Jan 2009 00:00:00 GMT

In his second full day in office, President Obama issued three major executive orders concerning interrogation and detention in the war on terrorism. As expert Ben Wittes writes, the most eagerly anticipated order closing the prison at Guantanamo Bay is far less significant than the interrogation order, and falls short of answering the major detention-policy questions facing America today, including the fate of Guantanamo’s residents.

The Limits of Abstract Patents in an Intangible Economy

Wed, 14 Jan 2009 09:00:00 GMT

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January 14, 2009, 9:00 AM to 5:00 PM

Abstract ideas are not patentable, but what are abstract ideas – and how can judges draw a line around them? At a conference, co-sponsored by the Brookings Institution, the Computer & Communications Industry Association and Duke University School of Law, experts looked at the problem of abstract patents from both economic and legal perspectives. How well do abstract patents work? What problems do they create? Can we do better than the standard in Bilski?

The Challenges of Closing Guantánamo

Tue, 13 Jan 2009 00:00:00 GMT

President-elect Barack Obama plans to fulfill his campaign promise and issue an executive order next Wednesday directing the closing of the Guantánamo Bay detention camp in Cuba. Benjamin Wittes joined experts in a New York Times running commentary to discuss the challenges the new administration will face in closing Guantánamo.

Optimizing Criminal Prosecution as a Counterterrorism Tool

Fri, 19 Dec 2008 00:00:00 GMT

The Obama administration will certainly terminate the military commission system, and take steps to reduce reliance on the underlying practice of long-term military detention. In this paper, Robert Chesney explores the capacities and limitations of the federal criminal justice system as it relates to terrorism, and suggests a series of steps Congress could take to make the criminal justice system a more useful tool in counterterrorism cases.

Nuts and Deadbolts: A Blueprint for the Closure of Guantanamo Bay

Mon, 08 Dec 2008 00:00:00 GMT

The U.S. Congress has voted overwhelmingly to block the $80 million President Obama requested to close the Guantanamo Bay prison. On May 21, the president gave a national security address to discuss in greater detail his plan for closing Guantanamo. Brookings expert Ben Wittes offers a checklist of important decisions the president must make before he can shutter the detention camp.

The Scouting Report: Guantanamo Bay and Detainees

Wed, 19 Nov 2008 12:30:00 GMT

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November 19, 2008, 12:30 PM to 1:30 PM

The incoming administration has indicated that one of its first priorities will be to close Guantanamo Bay. The Scouting Report continued its weekly web chat with Brookings expert Benjamin Wittes, who answered questions about how President Obama can put a legal framework in place to end the clash over detainee rights. Politico's David Mark moderated.

National Security Issues in Civil Litigation

Mon, 17 Nov 2008 00:00:00 GMT

America’s civil litigation system begins to break down when a lawsuit requires the disclosure of secret information that could threaten the security of the nation. As a result, Congress should act now to provide federal courts with clear guidance for civil cases in which they must balance the competing demands of open justice and state secrecy, writes Justin Florence and Matthew Gerke.

Closing Guantanamo

Fri, 14 Nov 2008 00:00:00 GMT

In an interview with CBS News, Benjamin Wittes discusses three possible ways the Obama administration could close the prison at Guantanamo Bay.

What Will the Presidential Election Mean for the U. S. Courts of Appeals?

Tue, 21 Oct 2008 00:00:00 GMT

Brookings expert Russell Wheeler offers clues to how a President McCain or Obama might affect the composition of the United States Supreme Court as well as the courts of appeals.

Juvenile Justice

Wed, 15 Oct 2008 09:00:00 GMT

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October 15, 2008, 9:00 AM to 11:00 AM

After a decade of declining juvenile crime rates, the forces that fueled the “get-tough” reforms of the 1990s have waned, as has enthusiasm for the reforms that eroded the boundaries between juvenile and criminal court, exposing juvenile offenders to harsh punishments. The antisocial acts that bring young people into contact with the justice system are often accompanied by other problems, most of which the justice system alone is ill-equipped to address. A slate of panelists, will discuss reforming juvenile justice to reflect these differences between adolescent and adult offenders.

Keeping Adolescents Out of Prison

Wed, 15 Oct 2008 00:00:00 GMT

Ron Haskins and Laurence Steinberg, in this companion to the new edition of The Future of Children devoted to juvenile justice, examine the problem of youth confinement in correctional facilities, including adult jails and prisons. They pay special attention to why harsh punishment of adolescents is not only often unjust but also counterproductive and make recommendations for more appropriate and cost-effective responses to youth crime.

Preview of the 2008-09 U.S. Supreme Court Term

Mon, 06 Oct 2008 10:00:00 GMT

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October 06, 2008, 10:00 AM to 11:30 AM

The constitutionality of a key Voting Rights Act provision, the FCC’s ban on broadcasting “dirty words" and many other cases are on the docket for the U.S. Supreme Court's 2008-09 term. The Brookings Judicial Issues Forum hosted a panel discussion with leading legal scholars and practitioners who offered their insights on the upcoming court term and discussed some of the biggest cases the justices will hear.

Restore Civility to the Selection of Federal Judges

Tue, 09 Sep 2008 00:00:00 GMT

Hot-button social topics often dominate voters' views of where presidential candidates stand on judicial appointments. Plus, as in much of U.S. politics, the process of getting judges on the bench has become cantankerous and divided. Russell Wheeler says that the next president should try to work with the Senate to restore civility.

The Next Administration and the Future of the Judiciary

Thu, 04 Sep 2008 10:00:00 GMT

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September 04, 2008, 10:00 AM to 11:30 AM

The next U.S. president may well have to reconfigure both the Supreme Court and the U.S. courts of appeals. On September 4, the Brookings Judicial Issues Forum hosted a discussion of how John McCain or Barack Obama might approach this opportunity differently and how they might address the challenges associated with appointing judges and shaping courts.

Turkey’s Constitutional Court Decision on the Justice and Development Party (AKP)

Wed, 06 Aug 2008 15:30:00 GMT

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August 06, 2008, 3:30 PM to 5:00 PM

Turkey’s Constitutional Court recently struck down an attempt to outlaw the Justice and Development Party (AKP). This court case had been described by international media as a battle between the secular and devout sides of Turkey’s national “soul.”The Center on the United States and Europe at Brookings hosted three of Turkey’s most astute political observers for a discussion of the court ruling and its implications.

Administrative Detention: The Integration of Strategy and Legal Process

Thu, 24 Jul 2008 00:00:00 GMT

Matthew Waxman examines the questions underlying the discussion of administrative detention, the possible need for new laws in combating terrorism, and how to make and review detention decisions for whom to detain.

What is the Role of Courts in Making Social Policy?

Tue, 08 Jul 2008 00:00:00 GMT

Russell Wheeler and Stuart Taylor engage in a NewTalk discussion on whether it's possible for judges to apply the law in court cases without making or affecting social policy.

The Future of Justice in the Age of Terror

Thu, 03 Jul 2008 00:00:00 GMT

Benjamin Wittes discusses recent legal developments in the war on terror with Josh Patashnik of The New Republic and Andrew McCarthy, director of the Center for Law and Counterterrorism at the Foundation for Defense of Democracies.

Briefing on U.S. Supreme Court Rulings

Fri, 27 Jun 2008 10:00:00 GMT

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June 27, 2008, 10:00 AM to 11:30 AM

In June 2008, the Supreme Court struck down the District of Columbia’s 32-year-old ban on handguns and ruled that it is unconstitutional to execute someone who rapes a child. The Court also ruled in favor of Guantánamo detainees' habeas corpus rights. On June 27, Brookings Fellow Benjamin Wittes moderated a briefing on these rulings and other developments of the 2007-08 term.

International Governance and American Law

Tue, 24 Jun 2008 11:00:00 GMT

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June 24, 2008, 11:00 AM to 12:15 PM

Brookings hosted a speech by U.S. Supreme Court Justice Stephen Breyer on international governance and American law. The event celebrated the Ezra K. Zilkha Chair in Governance Studies at Brookings, which is named in honor of longtime Brookings trustee Ezra K. Zilkha.

Law and the Long War: The Future of Justice in the Age of Terror

Mon, 23 Jun 2008 14:00:00 GMT

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June 23, 2008, 2:00 PM to 3:30 PM

Benjamin Wittes, Brookings fellow and research director in public law, offered a vigorous analysis of how America came to its current impasse in the debate over liberty, human rights and counterterrorism and drew a road map for how the country and the next president might move forward.

Law and the Long War: The Future of Justice in the Age of Terror

Mon, 23 Jun 2008 00:00:00 GMT

Six years after the September 11 attacks, America is losing a crucial front in the ongoing war on terror. It is losing not to Al Qaeda but to its own failure to construct a set of laws that will protect the American people. Now, in the twilight of President Bush’s administration, Benjamin Wittes offers an analysis of the troubling legal legacy of the Bush administration, the U.S. Congress and the Supreme Court.

Congress's Guantanamo Burden

Fri, 13 Jun 2008 00:00:00 GMT

A divided Supreme Court ruled that Guantanamo Bay detainees have a right to seek release. Benjamin Wittes writes that many fundamental questions remain unanswered and urges Congress to enact a comprehensive legislative solution to the problem of detentions in the war against terrorism.

Legitimacy Crisis - Military Trials Discussion

Thu, 05 Jun 2008 00:00:00 GMT

Dahlia Lithwick of Slate and Benjamin Wittes of The Brookings Institution examine the military tribunals being held at Guantanamo Bay, terrorism detainees, and the legal framework on the War on Terror.

Handling Terrorism Detainees within the American Justice System

Wed, 04 Jun 2008 00:00:00 GMT

The U.S. Supreme Court ruled this week that foreign nationals held at Guantanamo Bay have a right to pursue habeas challenges to their detention. In recent testimony to the Senate Judiciary Committee, Benjamin Wittes addressed the need for building an appropriate regime for detaining alien terrorist suspects seized abroad.

State of Civil Unions: California Court Strikes Down Marriage Ban

Tue, 20 May 2008 00:00:00 GMT

California Supreme Court struck down the state's ban on same-sex marriage, and ruled that civil unions are not a legally adequate substitution for marriage. Are then civil union supporters the legal equivalent of segregationists? The California court thinks so, writes Benjamin Wittes.

Unusual Nonsense: Supreme Court's Decision about "Cruel and Unusual Punishment"

Mon, 28 Apr 2008 00:00:00 GMT

The Supreme Court recently handed down a decision upholding as constitutional the specific mixture of drugs by which thirty states put condemned prisoners to death. In this piece, Ben Wittes writes about the Supreme Court's failure to rationalize its decisions about cruel and unusual punishment.

The Consolidation of Judicial Reform in Latin America: Fantasy or Reality?

Thu, 24 Apr 2008 12:30:00 GMT

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April 24, 2008, 12:30 PM to 2:00PM

The Transparency and Accountability Project hosted Diana Villiers Negroponte, Brookings Nonresident Senior Fellow, to discuss the elements necessary for effective judicial reform in Latin America and the obstacles thrown into its path.

A Collapse of the Campaign Finance Regime?

Wed, 16 Apr 2008 00:00:00 GMT

The fascinating 2008 presidential election has produced recent campaign finance developments, writes Thomas Mann, suffiently dramatic as to raise questions about the viability of the entire regime of campaign finance law.

John Yoo Interrogation Memo

Sat, 05 Apr 2008 00:00:00 GMT

The Justice Department recently released John Yoo's 2003 "torture" memo to Congress. Questions remain on what to do with the people the military and the CIA interrogated brutally in 2002 and 2003, writes Ben Wittes, and how the CIA should handle such people in the future.

What Happens If the Supreme Court Recognizes Individual Gun Rights? Not Much.

Fri, 21 Mar 2008 00:00:00 GMT

A decision recognizing an individual right to gun ownership will put a limit on how far gun control can go, writes Ben Wittes. Those who dream of a gun-free society will have to dream of ratifying a new constitutional amendment.

Trial by Fire: How Military Commissions Work and Why They Fail

Thu, 14 Feb 2008 00:00:00 GMT

The trial of Khalid Sheikh Mohammed will test President Bush's military commissions, according to Brookings Benjamin Wittes, and reveal how they work and why they fail.

Terrorists and Detainees: Do We Need a New National Security Court?

Fri, 01 Feb 2008 10:00:00 GMT

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February 01, 2008, 10:00 AM to 4:00 PM

In a conference co-sponsored by the American University Washington College of Law and Brookings, panelists discussed the pros and cons of establishing a special National Security Court for the purpose of conducting major terrorism trials, and what jurisdiction should be assigned to such a court.

Mukasey Has the Capacity to Be a Great Attorney General, But Not the Time

Thu, 31 Jan 2008 00:00:00 GMT

Attorney General Michael Mukasey has the capacity to be a great attorney general, writes Brookings Benjamin Wittes, but not the opportunity. Arriving a year too late, Mukasey will not achieve greatness himself, but might set the table for it in the next attorney general, who will have a momentous opportunity to institutionalize and shape the war on terrorism in law for the long term.

Gun Shy: The Justice Department Weighs in on the Second Amendment

Fri, 25 Jan 2008 00:00:00 GMT

Benjamin Wittes examines Solicitor General Paul Clement's legal brief in the Supreme Court case challenging the constitutionality of Washington, D.C.'s handgun ban and argues that "Acknowledging the amendment as proclaiming a right, but candidly treating that right as more flexible and less absolute than its neighbors in the Bill of Rights" is an appropriate way to translate Second Amendments values from the founding era to our own.

The Death Clock: Don't Count Out the Death Penalty Yet

Mon, 07 Jan 2008 00:00:00 GMT

The U.S. Supreme Court is hearing arguments on whether the drugs used in lethal injections constitute cruel and unusual punishment. While capital punishment appears on the wane, Benjamin Wittes argues that this will not be the end of the death penalty.

Detention Retention: Are Guantanamo Detainees All Innocent?

Fri, 07 Dec 2007 00:00:00 GMT

Detainees held for nearly six years at the Guantanamo Bay military prison recently received another hearing at the Supreme Court. But neither the justices nor the public should take at face value the insistence that large numbers of innocents populate Guantanamo, writes Benjamin Wittes. The broader debate over Guantanamo has suffered greatly from these overbroad claims of erroneous detentions.

Prevent Federal Court Nomination Battles: De-Escalating the Conflict over the Judiciary

Tue, 20 Nov 2007 00:00:00 GMT

Infected by polarization, confirmation rates for federal judges have plummeted and long delays are commonplace. Brookings’s Russell Wheeler recommends that the next president should create a bipartisan commission and set a timetable to prevent the lengthy nomination battles.

A Legal Framework for Detaining Terrorists: Enact a Law to End the Clash over Rights

Thu, 15 Nov 2007 00:00:00 GMT

A core challenge facing the next president in the war on terror is developing a legal framework for detaining terrorists. Brookings’s experts Benjamin Wittes and Mark Gitenstein offer recommendations that balance basic protections for detainees with regularized judicial review.

Renditions and the Rule of Law

Mon, 15 Oct 2007 00:00:00 GMT

Daniel Byman discusses the U.S.'s rendition process. Byman asserts that renditions are an effective means of fighting terrorism and possibly in obtaining terrorist information, but that the policy must be modified to ensure fair treatment of apprehended individuals and due process of law.

Prosecutorial Misconduct and Abuses

Wed, 10 Oct 2007 09:00:00 GMT

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October 10, 2007, 9:00 AM to 10:30:00 AM

Brookings's Judicial Issues Forum hosted a discussion on prosecutorial misconduct, examining its frequency at the state and federal levels, the circumstances under which it is most likely to occur and strategies to minimize its impact.

Why I'm Not Looking Forward to the New Supreme Court Term

Mon, 01 Oct 2007 00:00:00 GMT

The Supreme Court begins its term on October 1st. Benjamin Wittes of Governance Studies weighs in on some of the big cases on their schedule and the ideological divisions within the court.

Campaign Finance Reform: Are There Smarter Ways to Fix the System?

Thu, 12 Jul 2007 00:00:00 GMT

Are there campaign finance reform methods that are not vulnerable to 1st Amendment challenges? Thomas E. Mann and Bradley Smith debate the future of campaign finance reform.

Campaign Finance: Matching Candidates' Scratch

Thu, 12 Jul 2007 00:00:00 GMT

Are matching funds ever going to work at the federal level? Can they succeed at the state and local levels? Thomas E. Mann and Bradley Smith debate the future of campaign finance reform.

Does the Supreme Court's Recent Wisconsin Right to Life Decision Signal the End of All Campaign Finance Reform Laws?

Tue, 10 Jul 2007 00:00:00 GMT

Does the Supreme Court's recent Wisconsin Right to Life decision signal the end of all campaign finance reform laws? Thomas Mann and Bradley Smith debate the future of campaign finance reform.

Suppressing Political Speech?

Mon, 09 Jul 2007 00:00:00 GMT

A recent Supreme Court ruling allows paid ads by unions and corporations to run right up until Election Day. Brookings Thomas Mann argues that the decision gutted a good faith effort by Congress to limit the influence of money in politics.

Campaign Finance Reloaded

Mon, 09 Jul 2007 00:00:00 GMT

Senior Fellow Thomas Mann argues that the Supreme Court went both too far and not far enough in its Wisconsin Right to Life decision.

The Supreme Court's Looming Legitimacy Crisis

Mon, 25 Jun 2007 00:00:00 GMT

Opinion by Benjamin Wittes; The New Republic (6/25/07)

Is the Right to Bear Arms an Anachronism?

Mon, 11 Jun 2007 10:00:00 GMT

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June 11, 2007, 10:00 AM to 11:30 AM

Brookings continued its Judicial Issues Forum series with a discussion of the practical and constitutional arguments for and against various forms of gun control. Panelists included Josh Sugarmann, executive director of the Violence Policy Center; Randy Barnett, Carmack Waterhouse professor of legal theory at the Georgetown University Law Center; Jens Ludwig, professor of public policy at Georgetown University and nonresident senior fellow at Brookings; and Benjamin Wittes, guest scholar at Brookings.

The Supreme Court's Shift on Abortion is Not What You Think

Mon, 30 Apr 2007 00:00:00 GMT

Opinion by Benjamin Wittes, The New Republic (4/30/07)

The Supreme Court's EPA Ruling Isn't As Important As You Think

Mon, 16 Apr 2007 00:00:00 GMT

Opinion by Benjamin Wittes, The New Republic (4/16/07)

How to Pay the Piper: It's Time to Call Different Tunes for Congressional and Judicial Salaries

Sun, 01 Apr 2007 00:00:00 GMT

An Ad Hoc Group on Federal Judicial Salaries, comprised of former U.S. senators and representatives, has called for Congress to end the practice of linking the salaries of federal judges and those of members of Congress. In this paper, Russell Wheeler and Michael Graves describe the history of interbranch salary linkage and analyze it as policy.

Ditch the Second Amendment

Mon, 19 Mar 2007 00:00:00 GMT

The U.S. Supreme Court is hearing District of Columbia’s gun-ban appeal. The city's ban on handguns is one of the strictest in the nation and has been in place for 31 years. In this context, Benjamin Wittes argues that the Second Amendment is linked to institutions that no longer exist, but that its modern interpretation embodies values that many do not agree with. So to enable sensible gun control, "Let's repeal the damned thing," Wittes says,

Does the Clean Air Act Require the EPA to Combat Global Warming?

Mon, 04 Dec 2006 14:00:00 GMT

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December 04, 2006, 2:00 PM to 4:00 PM

On November 29, 2006, the U.S. Supreme Court heard oral arguments on one of the most important environmental cases in decades, Massachusetts v. Environmental Protection Agency (EPA). The justices reviewed a federal appeals court ruling in favor of the Bush Administration's refusal to regulate greenhouse gas emissions. On December 4, Brookings continued its Judicial Issues Forum series with a discussion on the case and the larger issues around global warming.

Are Judges Political?

Tue, 20 Jun 2006 11:00:00 GMT

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June 20, 2006, 11:00 AM to 12:30 PM

Brookings continued its Judicial Issues Forum series with a discussion of whether judges are political, examining the impact of ideology on the federal judiciary. A group of leading legal analysts discussed the Brookings book, Are Judges Political? An Empirical Analysis of the Federal Judiciary.