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
She’s Credible, So Long As Her Attacker Is Not Our Guy
Dr. Christine Blasey Ford emerged from Thursday’s hearing with few openly doubting her story, except for one critical detail: The identity of the man who assaulted her.
New U.K. Law Fails European Court Standards on Mass Interception Disclosed by Snowden
The U.K. government trots out its new surveillance legislation as curing the ills identified by the European Court of Human Rights. That's not the case. The Court’s judgment…
Who Might Replace Rod Rosenstein and What Would it Mean for the Mueller and SDNY Investigations?: A Deep Dive
Who would replace Rosenstein as deputy attorney general in the event Trump fires him or he resigns under pressure? And who would supervise the Russia and related investigations?…
A Feminist and Comparative Reflection on Judicial Appointment and Sexual Harm
It's worth considering the potential, domestic judicial consequences of the allegations of sexual assault against Judge Brett Kavanaugh, but also the ways in which these allegations…
Does Trump Have Legal Authority to Follow Through on John Bolton’s Threats to the Int’l Criminal Court?
Many observers have already written, on Just Security and elsewhere, of how National Security Advisor John Bolton’s predictable attack on the International Criminal Court…
Countries’ Reactions to Bolton’s Attack on the ICC
Here we lay out the reactions of different states that we’ve managed to gather so far after looking for statements by all 123 States Parties to the Rome Statute, as well as some…
The Legal Line Crossed in Bolton’s Attack on the ICC
National Security Adviser John Bolton’s Sept. 10 speech on U.S. policy towards the International Criminal Court (ICC) – prompted by the ICC Pre-Trial Chamber’s impending…
Sessions’ Recusal and Rosenstein’s Appointment of a Special Counsel—Both Were Legally Required
President Donald Trump made 5,001 false or misleading claims, as of Sept. 12, 2018, according to a running tally kept by the Washington Post. This included an astonishing 79 such…
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…