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
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…
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.
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…
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."
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.…
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…
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,…