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.
2,855 Articles

Airbnb’s Listings in Disputed Territories: A Tortured Compromise
Under the terms of two recent court settlements, Airbnb will continue to offer rentals in Israeli settlements in occupied Palestinian territories. That reversal raises potentially…

How Congress Can Access the Legal Powers of Impeachment Without a Formal Inquiry
"It is safe to say the House is already well within the zone of its impeachment powers and may exercise the necessary and proper authorities that come with that power to investigate…

Democratic Debates Round 2: Time to Ask About America’s Courts
When the Democratic U.S. presidential candidates face off in Detroit for their second debates July 30-31, they or the moderators should raise what will be one of the most pressing…

Mueller Moments You Might Have Missed
You might not have caught all of these more substantive, significant, and revealing moments on Wednesday, but they were there, tucked away in between the many times Special Counsel…

EU Court of Justice Grapples with U.S. Surveillance in Schrems II
Earlier this month, the Court of Justice of the European Union heard argument in Schrems II, a case that could limit companies’ ability to transfer data into the United States…

Top Law and Intelligence Experts’ Views on Mueller Hearings
To help make sense of the day’s hearings, we turned to Just Security’s editors and contributors for their thoughts.

Unsealed Documents in Special Counsel Mueller’s Investigation [Updated]
Special Counsel Robert Mueller has prosecuted the Russia investigation by bringing charges against a number of former Trump campaign officials and their associates, and against…

Mueller Hearing Risks Narrowing the Range of Impeachable Offenses
The congressional hearings will likely overlook the larger set of impeachable offences even though Mueller's report itself provides significant evidence of them.

35 Questions for Congress to Ask Robert Mueller (+ Questions from Readers)
Former FBI (Rangappa), Justice Department and NSC (Geltzer), and Pentagon (Goodman) officials team up to suggest questions for Mueller.

House Should Prepare Criminal Referral of A.G. Barr for Lying to Congress
Mueller’s testimony puts not only the President’s job and criminal liability on the line. Attorney General Barr is in jeopardy too.

Presidential Abuse of Power Should Be Focus of Mueller Questioning
Instead of focusing on criminal conduct, the House must consider whether as president, Donald Trump abused his power or violated his oath of office.

The National Security Delegation Conundrum
The two main opinions in Gundy v. the United States highlight the imbalanced stakes of current constitutional non-delegation doctrine. Those worried about unchecked presidential…