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

An Inquiry into DOJ’s Decision to Drop the Flynn Case Can’t Be Left to Judge Sullivan Alone
More than just wrong, interim U.S. Attorney Timothy Shea's filing of the motion also may have violated legal and DOJ ethics rules.

And Then There Were Seven: Rwandan Félicien Kabuga Arrested in France
The case illustrates the long arm of justice, via international tribunals created in the 1990s after the genocides in Rwanda and the former Yugoslavia.

Recently Released OLC Opinions From 1974 Shed Light on Current Legal Debates
Earlier this month, my colleagues and I at the Knight First Amendment Institute at Columbia University secured the release of 96 previously withheld opinions authored by the Justice…

Why the Flynn Dismissal Deserves a Hard Look by the Court
The judge presiding over the Michael Flynn case is right to take a hard look at the Department of Justice’s eleventh-hour motion to dismiss the false statements charge to which…

Oversight and “Undermining”: Reflections on the Supreme Court Oral Arguments About Subpoenas for Trump’s Financial Information
A couple aspects of the congressional subpoena cases—Trump v. Mazars and Trump v. Deutsche Bank—haven’t yet received attention they warrant.

Getting It Wrong: The 9/11 Military Commission and the Justiciability of Armed Conflict
In an apparent effort to preserve its own jurisdiction while proceeding towards trial, the 9/11 military commission has made a hash of its armed conflict jurisprudence. It has…

DC Needs a New U.S. Attorney
Why the federal court should act to replace the interim U.S. Attorney for the District of Columbia Timothy Shea, following his handling of the Roger Stone and Michael Flynn cases.

National Security at the United Nations This Week (May 1-8)
(Editor’s Note: This is the latest in Just Security’s weekly series keeping readers up to date on developments at the United Nations at the intersection of national security,…

The Republic of Facebook
This board, for content moderation, may be part of the answer to problems of online speech and censorship. But U.N. Special Rapporteur David Kaye explains that it is only one part.

The Facebook Oversight Board: An Experiment in Self-Regulation
It's not a "Supreme Court," as Mark Zuckerberg suggested, but it might be the most interesting development in social media self-regulation in a decade.

From “Enemy of the People” to “Essential”: The Pandemic Creates an Opening for the Press
World Press Freedom Day is a reminder that we need to emerge from this crisis ready to reimagine how to support news media as critical infrastructure.

How to Hold Venezuela’s Maduro Accountable for Human Rights Abuses
The Trump administration's focus on the regime’s corruption, manipulation of the election process, and narco-terrorism omits other egregious violations.