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.
2,973 Articles
The Assault on Law School Clinics is an Attack on Democracy Itself
Americans are witnessing a concerted effort to delegitimize legal defense for marginalized or politically disfavored people.
Hypothetical Legal Review on Judge Advocates Serving as Immigration Judges
A hypothetical legal review examining the OLC's legal basis for having Judge Advocates serve as immigration judges.
History and International Law Proscribe Amnesties for Russian War Crimes
Compromising on prosecutions for Russian atrocities would erode the system of international justice built since Nuremberg and undermine the rule of law itself.
A SCOTUS Bench Memo for Trump v. Slaughter, the FTC Removal Case: Stare Decisis, Historical Practice, and Original Intent
Trump’s attempt to fire FTC Commissioner Rebecca Slaughter without cause forces the Court to revisit Humphrey’s Executor and the future of independent agencies.
Professional Responsibility and the Boat Strikes
Legal and ethical debates surge around unreleased OLC memo on lethal boat strikes in the Caribbean, with growing calls for transparency and scrutiny of military lawyers.
The Just Security Podcast: Is there a Fox in the Henhouse? A Comparative Perspective of State Capture in the U.S.
Dani Schulkin is joined by Naomi Roht-Arriaza to discuss the warning signs of state capture and grand corruption, and what can be done to push back against it.
Persecuting the Prosecutors: Israel’s Military Lawyers Under Pressure
The weakening of the Military Advocate General affects the IDF's ability to carry out its missions lawfully, and the broader protection of the rule of law in Israel.
There Should Be a New ICC Prosecutor Regardless of the UN Report Outcome
The ICC’s legitimacy is under scrutiny, and every internal shortcoming becomes evidence for those who argue that international justice is politicized or hypocritical.
Soldiers in Robes: Why Military Lawyers Can Not and Should Not Serve as Immigration Judges
DOJ’s recent decision to appoint several military lawyers, or JAGs, to serve as immigration judges is not only against the law, but a bad idea.
Impunity by Design: Latin America’s Quiet Crisis of Accountability
Across Latin America, political elites are quietly passing laws that narrow definitions, shield allies, and block legal pathways to investigate corruption and organized crime.
Defending ‘Sanctuary’ Principles During the Chicago Crackdown
Local governments must exercise their constitutional power to cut off cooperation with federal authorities that undermine residents' rights.
Legal Progress Stalls for Northern Ireland Families
With pending court cases and legislative reforms, the coming months will show whether long-overdue justice will be served in Northern Ireland.