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.

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2,932 Articles
flags of Department of Justice and USA

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.
International Criminal Court Prosecutor Fatou Bensouda delivers her semi-annual briefing on recent developments concerning cases in Libya via a virtual meeting.

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,…
3D rendering of people icons and threads connecting them.

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.
Protesters demonstrate against Facebook policies in Algeria in front of Facebook's headquarters in Paris on November 14, 2019.

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.
Trump answers questions from the media during the daily briefing on the novel coronavirus, COVID-19, in the Brady Briefing Room of the White House in Washington, DC on April 21, 2020.

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.
Residents obtain water from a natural source from the hill El Avila after the water supply was suspended following a nationwide blackout occurred March 10, 2019 in Caracas, Venezuela.

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.
Trump speaks during the daily briefing of the coronavirus task force at the White House on April 22, 2020 in Washington, DC. He does not wear a face mask.

Broadcasters and Trump’s False Information on Coronavirus: What Role for the FCC?

Should the regulator require disclosure when information aired is false or scientifically suspect? Maybe "no" is the best answer.
Side by side photographs of Liza Goitein, Andrew McCabe, Mary McCord, and Julian Sanchez.

Top Experts Analyze Inspector General Report Finding Problems in FBI Surveillance

Expert takes on the Department of Justice Inspector General Michael Horowitz's recent report on FBI procedures for obtaining secret warrants under the Foreign Intelligence Surveillance…
People without face masks protest the stay at home orders designed to slow the spread of the coronavirus and keep people healthy. They hold signs encouraging people to demand that businesses be allowed to open up, and people allowed to go back to work, at the Country Club Plaza on April 20, 2020 in Kansas City, Missouri. They also wave American flags and stand very close together ignoring social distancing standards.

Missouri’s Lawsuit Doesn’t Abrogate China’s Sovereign Immunity

U.S. courts do not have jurisdiction over private class action lawsuits brought against Chinese government defendants for their alleged misconduct in allowing the coronavirus to…
Monroe County Sheriff deputy Jamie Miller wears gloves while flagging down a car at a checkpoint on U.S. 1 leading into the Florida Keys on March 27, 2020 in Florida City, Florida. Monroe County administrators made the decision to prohibit tourists and only allow property owners and people who show they legitimately work in the Keys to pass through the roadblocks in an effort to stop the spread of COVID-19.

Can Governors Close Their Borders to Pandemic Risks?

COVID-19 is not the first pandemic affecting America, and will not be the last. Under such circumstances, states have well-recognized authority to limit travel within and across…
Tech. Sgt. Jonisha Gibson, 82nd Medical Group clinical laboratory noncommissioned officer in charge, inspects a FilmArray pouch.

Is the Roberts Court Going to Let Coronavirus Kill Us?

It is looking increasingly as though a nationwide program of testing, and hopefully vaccination, may be the only way to stop the spread of the novel coronavirus and bring back…

WhatsApp v. NSO Group: State Immunity and Cyber Spying

WhatsApp claims NSO implanted spyware on phones of human rights activists, lawyers, and religious figures. NSO says it can't be sued if it did so on behalf of (undisclosed) foreign…
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