Courts & Litigation

Just Security’s expert authors offer analysis and informational resources on key litigation impacting national security, rights, democracy, and the rule of law. Our content spans domestic and international litigation, from cases at the International Court of Justice, the International Criminal Court, and other international and regional tribunals, to those in U.S. courts involving executive branch actions, transnational litigation, and more.

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2,869 Articles
A woman with a white scarf over her head, in profile.

Why Guidance is Needed on Open-Source Investigations into Sexual Violence

Guidance on how to conduct digital investigations into sexual violence remains underdeveloped, leaving a dangerous gap.
The departure statement in the Wong Kim Ark case, on yellowed paper.

特朗普政府重塑《第十四修正案》 ——《黄金德案》并未限制出生公民权

To retcon Wong Kim Ark’s parents as the equivalent of current day green card holders is both legally and historically mistaken.
The departure statement in the Wong Kim Ark case, on yellowed paper.

The Trump Administration’s 14th Amendment Retcon: ‘Wong Kim Ark’ Does Not Limit Birthright Citizenship

To retcon Wong Kim Ark’s parents as the equivalent of current day green card holders is both legally and historically mistaken.
U.S. Rep. Kat Cammack (R-FL) speaks on the REINS Act on the left of the screen. Poster with REINS Act on the right of the screen.

Why the REINS Act’s Approach to Regulatory Reform Is So Problematic

The REINS Act would hamper agencies’ ability to carry out their statutory duties and protect the public.
(From L) Judge Marc Perrin de Brichambaut of France, Presiding judge Cuno Tarfusser of Italy and judge Chang-ho Chung of Korea run the International Criminal Court (ICC) in The Hague, on July 6, 2017.

Time to Revisit the ICC’s Position on Head-of-State Immunity?

With major powers increasingly skeptical of international institutions, strengthening the Court's legal coherence is necessary for preserving its legitimacy
A man with tattoos on his arms is handcuffed behind his back.

The Missing Due Process for Gang Allegations

There is a long history of immigration agencies using tattoos and a set of notoriously flawed gang databases to bring false or weak claims of gang involvement.
screenshot of podcast episode 107

The Just Security Podcast: Regulating Social Media — Is it Lawful, Feasible, and Desirable?

Is it lawful, feasible, and desirable for government actors to regulate social media platforms? A conversation with leading experts at the NYU Law Forum.
Judge James E. Boasberg, chief judge of the Federal District Court in DC, stands for a portrait at E. Barrett Prettyman Federal Courthouse

Dissecting the Trump Administration’s Strategy for Defying Court Orders

The Trump administration is banking on Americans giving it a pass on violating District Chief Judge Judge Boasberg's court order.

The New “Blacklists” Work When Law Firms Stay Silent

In a recent internal memo, Brad Karp, the chairman of Paul, Weiss, Rifkind, Wharton & Garrison, defended the firm’s refusal to challenge a presidential executive order targeting…
Collage of the AP logo (L), a courtroom (M), and Columbia University (R)

The Imperative of Solidarity in Response to Assaults on Legal Services, Universities, and Independent Media

"Around the globe who have had decades of experience in navigating a world where simply looking out for one’s own best interests is insufficient for individual or collective…
Palestinians flee with their belongings Beit Lahia in the northern Gaza Strip

“In the Event of Extreme Urgency”: The International Court of Justice Must Indicate New Provisional Measures to Protect Civilians in Gaza

Authors argue the ICJ must direct Israel to halt the current course of the military campaign in Gaza before too late.
The blue flag of the International Criminal Court flies outside of the organization's headquarters.

Who Will Join Duterte at the ICC? A Plea for Realism

For the International Criminal Court, the question after Duterte’s arrest should not be whether it can now move on to confront more powerful leaders, but rather how it can become…
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