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.
2,864 Articles
Norms Watch: Damage to Democracy and Rule of Law in March 2019
Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of those norms in reactions…
What Has Bill Barr Done to Earn the Benefit of the Doubt?
Luppe Luppen critiques James Comey's and Benjamin Wittes's claim that the public should assume good faith on the part of Bill Barr.
Beyond Sanctioning Elusive War Criminals, Prosecute the Profiteers
Bidibidi is the world’s second-largest refugee camp. A sea of tents and huts spilling into Uganda from its northern border, the settlement now hosts more than a quarter million…
The Government’s Own Documents Show that Prepublication Review is Broken
In First Amendment lawsuit, groups obtain thousands of documents (through Freedom of Information Act litigation) that raise concerns about how the government censors the writings…
How Barr May Interpret What It Means to Withhold “Grand Jury Information”
While federal rules govern grand jury secrecy, they contain room for interpretation. Here's how the Attorney General may interpret them broadly to hide a large swath of Mueller's…
The Mattis Transgender Policy Will Go Into Effect Next Friday
Last Tuesday, in response to a government motion, the U.S. Court of Appeals for the District of Columbia Circuit altered its previous schedule and ordered the Clerk to issue the…
As the Mueller Investigation Closes, New York Investigations Shift into High Gear
On Friday March 21, 2019, the investigation by Special Counsel Robert Mueller came to a close when he delivered his final report to Attorney General William Barr. Two days later,…
The Hidden Issue in Huawei’s Suit Against the United States
Huawei v. U.S. is more than simply a publicity stunt or moral appeal by the Chinese company — unfair legislative targeting is a claim that courts and commentators should take…
A Back Door to Controlling Judges: Poland’s Ruling Party Tries Another Ploy
Poland’s ruling Law and Justice Party has undertaken a systematic campaign for the past three years to control the Polish judiciary, culminating in recent, failed attempts to…
What to Do with Vetoed Bills
Applying a Youngstown canon to vetoed bills respects Congress’s clearly expressed position while also complying with the Constitution, as interpreted by the Supreme Court in…
The U.S. Must Forcefully Oppose Blanket Amnesty for Civil War Atrocities in Guatemala
“All the people have disappeared.” So reads a declassified cable from the U.S. Embassy in Guatemala City, dated Dec. 28, 1982. The subject was an incident that occurred just…
Canadian Supreme Court’s Chance to Reform Its Military Justice System
An upcoming Canadian Supreme Court decision may force significant changes to Canada’s military justice system.