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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2,854 Articles
Attorney General nominee William Barr testifies at his confirmation hearing before the Senate Judiciary Committee January 15, 2019 in Washington, DC.

“He’s Lying.” New Book Reveals Havoc Bill Barr Wrought Inside Congress

On Tuesday, when Barr testifies, a book will be released covering one of his most controversial and most consequential actions to date.
Trump and Barr speak without face masks East Room of the White House on July 22, 2020.

Politically-Motivated Prosecutions Part I: Legal Obligations and Ethical Duties of Prosecutors

AG Barr is poised to weaponize criminal prosecutions. In part one of a two-part series, former DOJ attorneys Kristy Parker and Erica Newland explain how politically motivated prosecutions…
Erdogan, Barr, and Trump

Timeline: Trump, Barr, and the Halkbank Case on Iran Sanctions-Busting

A comprehensive timeline of the prosecution of Turkey's Halkbank and President Donald Trump and Attorney General William Barr's reproted actions.
Trump and Barr

What Durham Is Investigating and Why It Poses a Danger to US Intelligence Analysis

A deep dive into Bill Barr and U.S. Attorney John Durham’s investigation and the potential costs entailed.
Federal officers in full camo gear with gas masks and guns prepare to disperse the crowd of protestors outside the Multnomah County Justice Center on July 17, 2020 in Portland, Oregon.

The President’s Private Army

How did we get here? Goitein discusses legal and political obstacles that faced President Trump's resort to other federal forces, why DHS is now his weapon of choice, what it may…
People watch the ICJ hearing at a restaurant in a Rohingya refugee camp on January 23, 2020 in Cox's Bazar, Bangladesh.

Myanmar and the ICJ: Ways Forward

In August 2017, Myanmar’s military carried out a brutal campaign of murder, rape and other abuses against the country’s Rohingya Muslims. These so-called “clearance operations”…
Released Rohingya child prisoners wearing face masks stand in a line as they arrive in Sittwe jetty in Rakhine State after being transported by military boat on April 20, 2020.

What Myanmar Is and Is Not Doing to Protect Rohingyas from Genocide

In August 2017, the desperate plight of Myanmar’s Rohingya Muslims grabbed headlines when the military’s brutal campaign of murder, rape and other abuses forced more than 740,000…
Circuits

What Comes Next: The Aftermath of European Court’s Blow to Transatlantic Data Transfers

On Thursday, the European Court of Justice (CJEU) dealt a blow to the free flow of data across borders in the name of protecting privacy -- with global implications.
Sex workers on the street wait wearing face masks outside a house where members of the Miluska Life and Dignity Association, a local umbrella group caring for sex workers distribute daily meals from a communal kitchen in downton Lima, on May 28, 2020.

Pandemic Politics: Race, Sex, and the Supreme Court

The Supreme Court waded into debates on harm-reduction and crime control for the second time when they revisited and clarified issues related to the U.S. government funding of…
U.S. Assistant Attorney General for Antitrust Makan Delrahim testifies before the Senate Judiciary Committee during an oversight hearing on the enforcement of antitrust laws in the Dirksen Senate Office Building on Capitol Hill October 03, 2018 in Washington, DC.

What’s Missing in Current and Former Officials’ Responses to DOJ Antitrust Whistleblower

"Delrahim, in particular, should be asked by Congress and reporters about this apparent omission in the letter he submitted to the House Judiciary Committee."
Thurgood Marshall Courthouse

Suing Foreign States in U.S. Courts

Since the enactment of the Foreign Sovereign Immunities Act (FSIA) in 1976, foreign sovereigns have become subject to a number of statutory exceptions to immunity in U.S. courts.…
Trump exiting the White House.

Preparing the Public for a Contested Election

While perhaps once thought too far-fetched to discuss out loud in serious company, concerns that Donald Trump will refuse to leave office even if he loses the November election…
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