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.
2,932 Articles
A Congo War Crimes Decision: What It Means for Universal Jurisdiction Litigation in Germany and Beyond
The German Federal Court of Justice, the country's court of last resort in criminal and private law, recently announced its much-anticipated decision in a Congo War Crimes case.…
When the Pardon Furthers the Conspiracy: Limits to the Pardon Power
As the special counsel investigation into Russian interference in the 2016 election continues to close in on President Donald Trump and his closest advisors, there have been reinvigorated…
Untangling the Issues in the “Transgender in the Military” Litigation
A few weeks ago, the Department of Justice made something of a splash by filing petitions for certiorari “before judgment” in three of the pending cases challenging then-Secretary…
Ruminations on RICO and Asset Forfeiture in the Trump Business Empire
Garrett Graff provided an excellent summary in Wired of the seventeen Trump-related investigations currently open. The settlement of fraud allegations against Trump University…
New Approach After Charlottesville Violence Protects Public Safety While Preserving Rights
When right-wing nationalists try to weaponize the First Amendment to the U.S. Constitution, states can use their own constitutional and statutory provisions to prohibit private…
Deciphering the Mystery Subpoena Case: Corporate Claims to Foreign Sovereign Immunity from U.S. Criminal Proceedings
Speculation has been rampant about the identity of the appellant in In re Grand Jury Subpoena, the case that prompted the D.C. Circuit to seal off an entire courthouse floor for…
What’s Noticeably Missing from the Whitaker Nonrecusal Explanation
The Department of Justice issued a letter yesterday explaining why Matthew Whitaker has decided he won’t recuse from superintending the Russia Investigation overseen by Special…
Mueller’s Investigation May Be Coming to an End, But Congress Is Just Getting Started
On January 3, 2019, a new Congress will head to work with a monumental — but not unprecedented — job to tackle. Close observers of Special Counsel Robert Mueller’s investigation…
Not Mere “Process Crimes,” False Statements Prosecutions Are Serious
In case you haven’t noticed, Special Counsel Robert Mueller takes lying very seriously. And, as we witnessed during Michael Flynn’s dramatic sentencing hearing, apparently…
Protesters in Hungary Call Out Labor Rights – and Rule of Law
“All I want for Xmas is demokracia [democracy],” says one protest sign seen in Budapest, Hungary, over the past several days, as up to 15,000 people took to the streets. They…
Analysis of the Michael Flynn Sentencing Hearing Drama
On Tuesday, former national security advisor Michael Flynn appeared before Judge Emmett Sullivan for sentencing in the Russia investigation. Entering the hearing, Flynn walked…
Trump’s Bookkeeper: How Prosecutors Could Easily Prove Tax Crimes for Hush Money Reimbursements
Federal and state prosecutors' textbook strategy looks likely to prove tax crimes based on SDNY's court filings in Michael Cohen's sentencing .