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.
2,869 Articles

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.

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 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.

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.

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

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.

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.

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…

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…

“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.

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…