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
Four Remarkable Arguments in DOJ’s Latest Brief in the Michael Flynn Case [UPDATED with links to reply/response briefs]
A couple of weeks ago, I published a very long, comprehensive post in which I tried to explain all the ins and outs of the Michael Flynn case, from 2016 to the present day. Since…
What Does the Constitutional Right of Assembly Protect? What Counts as “Peaceable”? And Who Should Decide?
Municipal rules governing access to public space and existing criminal law significantly circumscribe protestors’ expressive freedom, especially their right to be disruptive.
New Complicity Charges Filed in the Killing of George Floyd
UPDATED As millions of people take to the streets demanding racial justice, accountability for police violence, and the demilitarization of the police, the case against the ex-police…
National Security at the United Nations This Week (May 29-June 5)
(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,…
Ignore Trump’s Twitter Tantrum Executive Order and Address Disinformation Instead
The solution is not to give government or platforms more power to make opaque, arbitrary decisions on content, but to help users protect themselves.
Pompeo’s Personal Stake in the International Criminal Court’s Afghan Investigation
It is no secret that the Trump administration, in general, and Secretary of State Mike Pompeo, specifically, are hostile toward the International Criminal Court (ICC), particularly…
The Military Justice Dimension: Constraints on Military Personnel in Handling Civil Unrest
Top Expert Backgrounder: How the code of military justice applies to National Guard and other military personnel responding to protests. What must they do if the president issues…
Trump Administration Reverses Position on Corporate Liability Under Alien Tort Statute
In a brief filed last week, the Trump administration reversed its position on corporate liability under the Alien Tort Statute (ATS), urging the Supreme Court to grant certiorari…
Understanding the Michael Flynn Case: Separating the Wheat from the Chaff, and the Proper from the Improper
What follows is an effort to identify and evaluate many of the most important aspects of the Flynn affair, roughly in chronological order from the Summer of 2016 to today.
Trump’s Executive Order Targets Twitter, Capitalizing on Right-Wing Grievance
Even if it doesn't lead to action, the threat of regulatory pressure aims to bully social media companies into continuing their hands-off approach to Trump.
Jurisdiction at Guantanamo: The Case of Long-Term Complicity
The commission should stop asking whether the acts of facilitation occurred during an armed conflict. Rather, the commission should be asking whether the defendants facilitated…
Eli Lake’s Omissions and Misleading Facts in Defense of Michael Flynn
Lake's essay has been called “the best summary of the pro-Flynn argument you'll ever read,” but former US Attorney and Professor Barbara McQuade finds Lake's analysis omits…