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.
2,854 Articles
Trail Smelter Arbitration Offers Little Guidance for COVID-19 Suits against China
On June 23, the Senate Committee on the Judiciary held an extraordinary hearing on whether to amend the Foreign Sovereign Immunities Act (FSIA) in order to permit domestic lawsuits…
Regarding Those Marijuana Mergers: A Response to Accusers Who Question the DOJ
From 2017 to 2019 I had the distinct pleasure of serving as the Deputy Assistant Attorney General in the Antitrust Division of the Department of Justice under the leadership of…
Top Experts: DOJ’s Bureau of Prison Blocking Michael Cohen Book about Trump Violates First Amendment
On Thursday morning, Michael Cohen, the president’s former lawyer and fixer, was returned to prison. Many readers like myself may have passed over the headlines for this particular…
Denial of the Srebrenica Genocide Must Be Exposed and Condemned
Imagine the international outrage if murals of Hitler were displayed across Germany, or if a Berlin student dorm were named after Eichmann. Precisely this type of scenario has…
Is the Pardon Power Unlimited?
Let Trump be forewarned: don’t even think about pardoning Stone, Manafort, or Flynn.
Pardoning Roger Stone Could Itself Be an Unpardonable Crime
In addition to being a brazen abuse of power, a pardon could put both Trump and Stone at risk of further criminal liability for conspiracy to obstruct justice. And, in doing so,…
Is the Supreme Court Undercutting Congress’ Ability to Check Abuses of Presidential Power?
Yesterday’s Supreme Court rulings holding that the president is not immune from subpoenas issued by Congress and local law enforcement were a relief to many. But even as the…
Supreme Court on Trump’s Finances: Glass Three Quarters Full for Rule of Law
Analysis of the two decisions, what comes next, and what the timetable looks like.
U.S. “National Security” Must Apply to the Entire Nation
The US history of racial discrimination creates a domestic threat far more serious to some of its citizens than those posed by external antagonists.
Gambia v. Facebook: What the Discovery Request Reveals about Facebook’s Content Moderation
A review of Facebook’s past content decisions in Myanmar can guide assessments of when the public interest value of election-related content breaches the threshold of harm. Knowing…
Letter to the Editor: There is No Affront to U.S. Sovereignty in the Int’l Criminal Court Investigation
Editor’s Note: This piece is part of Just Security’s ongoing coverage of Executive Order 13928, “Blocking Property of Certain Persons Associated With the International Criminal…
Freedom of Expression and Political Controversy: The ECtHR’s BDS Judgment
In its June 11 Baldassi et al v. France judgment (French original not yet translated), the European Court of Human Rights (ECtHR) confirmed and reinforced the fundamental right…