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.
2,932 Articles

The U.K. Overseas Operations Bill: An Own Goal in the Making?
Many of those objecting to the bill in a constructive spirit acknowledge the problem the government is seeking to address, but chide it for going about it the wrong way.

The President and Immigration Law Series: Reflections on the Future of American Immigration Policy
Our series on The President and Immigration Law concludes. Authors Cristina Rodríguez and Adam Cox reflect on the future as illuminated by the contributions to the series, highlighting…

We Cannot Condone the Myanmar Government’s Lies with Silence
The façade that the Myanmar government is trying to keep up is finally starting to erode, as two Myanmar Army soldiers confess to their involvement in massacres, rape, and other…

Good Governance Paper No. 5: Prepublication Review — How to Fix a Broken System
Fifth in series of top experts exploring proposals to restore and promote nonpartisan principles of good government, public integrity, and rule of law.

The President and Immigration Law: The Danger and Promise of Presidential Power
In our penultimate installment of this series, Lucas Guttentag discusses causes for concern and hope. He argues that the Supreme Court has signaled recent retreat from judicial…

Wrestling with Legal and Illegal Orders in the Military in the Months Ahead
Given what we’ve witnessed over the last few months, armed forces should critically review their training for both judge advocates and commanders, including the development and…

Good Governance Paper No. 3: Investigating a President
Third essay in a series of top experts exploring proposals to restore and promote nonpartisan principles of good government, public integrity, rule of law.

Trump’s Executive Order on the ICC is Illegal, Not Just Shameful
Significant First Amendment concerns are raised by the administration's sanctions against the International Criminal Court and against those who support the ICC's work.

Lincoln and that Supreme Court Vacancy: A Deference to Democracy
"Evidence abounds that Lincoln deferred his choice primarily because he understood how improper—even defiant—it would be to choose Taney’s successor with only a few weeks…

Amnesty International Calls for India to Lift Account Freeze to Resume Vital Human Rights Work
Senior US officials traveling to India this month should urge the immediate lifting of the account freeze and press India to guarantee rights of civil society organizations to…

Why We Are Suing President Trump
Orders by President Donald Trump and his Cabinet make us afraid to continue our lifelong work for justice.

Senate Procedures Offer No Hope for Dems on Supreme Court Nominee
An explainer on why quorum requirements, closure vote thresholds, and other Senate procedures can't significantly slow or stop the nomination of the next Supreme Court Justice.…