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
“With a Little Help from Our Friends”: Prosecuting the ISIL “Beatles” in U.S. Courts
Civilian prosecution in U.S. courts remains by far the best option for reliably bringing the two ISIL detainees in U.S. custody to justice. The DoJ should look closely at whether…
A Fourth Amendment Framework for Voiceprint Database Searches
Voice recognition technology should be subject to a new Fourth Amendment framework, drawing on the Supreme Court’s recent technology-related decisions, that treats each query…
Did the ECJ Just Give a Stamp of Approval to Poland’s Backsliding?
The European Court of Justice is set to rule this year or early next on Poland’s two-year-old revised disciplinary regime for judges, a central mechanism that the ruling Law…
18 Years After 9/11, Why Is Guantánamo Still Open?
That a child born on that day the planes hit would by now have gained the right to vote, but there has yet to be a trial of the alleged attackers, serves to highlight how painfully…
51 Former Senior National Security Officials to Supreme Court: Rescinding DACA Was “Arbitrary and Capricious”
Fifty-one former senior U.S. national security officials—including former Cabinet members Madeleine Albright, Chuck Hagel, John Kerry, Leon Panetta, and Samantha Power, former…
Getting the Jay Treaty Right on “Executive Privilege”
A central historical claim in ongoing debates about the president's ability to keep diplomatic correspondence from the House of Representatives is not just flawed, but gets the…
Trump’s Extortion of Ukraine Is an Impeachable Abuse of Power
The publicly known facts about President Trump’s interactions with Ukraine constitute a prima facie case for impeachment based on abuse of presidential power.
Pompeo’s Letter Is the Trump Administration’s Opening Salvo of Obstruction
The Trump administration now seems to be reverting to its previous strategy of total obstruction based on maximalist interpretations of executive authority.
Contesting the Legality of Internet Shutdowns
As government communications shutdowns become more frequent, legal challenges citing international human rights law and domestic constitutional protections are also on the rise.…
The Iceberg’s Tip: Ukraine Phone Call and the Months-Long Conspiracy to Violate Federal Campaign Finance Laws
Top election law expert writes about "the absurdity of the Justice Department’s refusal to investigate."
The “Quid” is a Crime: No Need to Prove “Pro Quo” in Ukrainegate
Top election law expert, Paul S. Ryan of nonpartisan group Common Cause, explains the felonies that apply to allegations in Ukrainegate.
Condemned to Death Abroad: The Case of French ISIS Members in Iraq
Iraq reportedly intends to carry out the execution of seven French nationals who are currently charged with being members of the Islamic State. The Iraqi government has denied…