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
In the Battle for the ERA, Global Constitutionalism and State Sovereignty
To reflect a generation of global constitutional developments on sex equality, have a democratic national conversation in Congress.
Supreme Court’s Trump v. Mazars Ruling Gave Attorney-Client Privilege a Boost in Congress
The decision gives executive branch officials and private parties greater ability to resist subpoenas on traditional common law privilege grounds.
US Court Skirmishes Over Deadline’s Validity Leave ERA in Limbo
Questions of timing, rescissions, certification, and the authority of the courts and Congress stall the Equal Rights Amendment.
Immigration Maximalism at the Supreme Court
"The approach taken in these important cases is the opposite of 'minimalism,' and they provide important lessons for the long-term agenda of the Roberts Court."
What To Watch For In Michael Flynn’s Case On Tuesday
These four key issues may be on the judges' minds.
US Suit Against Saudi Prince for Attempted Killing of Ex-Insider Faces Hurdles
Ex-Saudi intelligence official Saad Aljabri's claim over an alleged assassination attempt faces issues including jurisdiction and immunity.
In the Drive to Curb Police Abuses, Rein in Their Tech Too
Local groups in a national movement are pressing for oversight of how and when law enforcement agencies use technology to monitor citizens.
An Open Letter to Connecticut U.S. Attorney John Durham
"I urge you to comply with the Department’s longstanding policy."
Exploring Some Limitations to the ICC’s Ability to Charge US Officials with Contempt
"One potential method by which to explore the possibility of disincentivizing measures by non-member states to frustrate the institutional independence of the ICC is to consider…
Leveraging International Justice for Lasting Peace in Myanmar
"The international community clearly has a political role to play, but a closer examination of how international accountability relates to domestic political dynamics is also critical,…
Beyond Color-Blind National Security Law
"[I]nternational and national security legal regimes have always been steeped in racial connotation, even if rarely acknowledging as much. This raises the question of what a different…
Implications of the Myanmar ICJ and ICC Cases for Non-Rohingya Minorities
(Editors Note: This article is the fourth and final piece of a special Just Security forum on the ongoing Gambia v. Myanmar litigation at the International Court of Justice and…