Hate Crimes, Terrorism, and the Framing of White Supremacist Violence

Even before the assault on the Capitol on January 6, 2021, a rising chorus of policymakers and pundits had called for treating White supremacist violence as “terrorism.” After multiple mass shootings motivated by White supremacist ideology, commentators argued that the “hate crime” label failed to convey the political nature of the violence or assign it […]

Procedural Experimentation and National Security in the Courts

In the last fifteen years, individuals have brought hundreds of cases challenging government national security practices for violating human rights or civil liberties. Courts have reviewed relatively few of these cases on the merits, often deferring broadly to the executive branch on the grounds that they lack expertise, political accountability, or the ability to protect […]