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.
2,856 Articles
Rear Admiral Hutson: Why Senators Should Vote No on Kavanaugh
Why the U.S. military and national security are poorly served by Kavanaugh's support for extreme Presidential Powers.
Executive Privilege and the Public Interest: Why the President Can’t Block Release of the Mueller Report
For more than a year, President Donald Trump’s lawyers have bragged about his “unprecedented” level of cooperation with Special Counsel Robert Mueller’s investigation,…
Rudy’s Red Herring: Mueller’s Final Report and Executive Privilege
"It’s time to focus on where the real threat to Mueller’s report reaching the public may arise. The assertion of executive privilege is not it."
International Law Roundup: Part III
In addition to discussing developments at the international criminal tribunals, addressed in Parts I and II of this series, the IHL Dialogs also offered insights into human rights…
Rebecca Ingber’s Testimony Before the Senate Judiciary Committee
Today, Rebecca Ingber, associate professor of law at Boston University School of Law, appeared before the Senate Judiciary Committee to discuss the nomination of Brett Kavanaugh…
International Criminal Law Roundup: Part II
This is Part II of an international criminal law roundup focused on the ad hoc international and hybrid tribunals. Part I was dedicated to developments at the ICC. Part III will…
Judge Kavanaugh’s Testimony on His Constitutional View of Presidential Immunity is Misleading—and It Also Clinches the Case for Recusal
It could not now be clearer that as a result of his writings and public statements, Judge Kavanaugh cannot meet his own stated test of “open-mindedness.”
International Criminal Law Roundup Series: Part I
[UPDATED] To turn our lens to international criminal law for a moment, I recently attended the annual International Humanitarian Law Dialogs in Chautauqua, New York. This year’s…
A Rush to Confirm Judge Kavanaugh at the Expense of Senate Interests
The Senate is now considering President Donald Trump’s nomination of Judge Brett Kavanaugh to replace Justice Anthony Kennedy on the Supreme Court. Whoever replaces Justice Kennedy,…
Response to Reader Questions on Manafort Pardon
Editor’s note: Last week, Alex and Ryan wrote a Op-ed in the New York Times and an accompanying piece at Just Security dissecting the strategy and implications of President…
How Trump’s Pressure on Google Threatens Government Manipulation of Search Results
Tech behemoths just can’t catch a break these days. Just as they are struggling to meet calls to contain the spread of misinformation and hate speech online, they are being bashed…
Exclusive: U.N. Human Rights Experts Meet With Facebook on “Overly Broad” Definitions of Terrorist Content
In a letter to Facebook CEO Mark Zuckerberg, U.N. Special Rapporteur Fionnuala Ní Aoláin says networks guidelines on removing content and users need more precision and rigor…