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.

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2,856 Articles

Crime or Slime: Making Sense of Michael Cohen’s Shell Company

How do we know whether Michael Cohen's Essential Consultants was unlawful or just awful?

The Future of the US Military Commissions: Legal and Policy Issues

The American Bar Association releases significant new report on fate of military commissions at Guantanamo. Judge Jamie Baker and Laura Dickinson served on the Committee and highlight…

Just Security Podcast: Alex Whiting on Mueller/Sekulow’s 49 Questions

This week, news organizations, led by the New York Times, revealed a list of 49 questions that, depending on which account you read, are what Special Counsel Mueller wants to ask…

What the Law of Military Obedience Can (and Can’t) Do–What Happens if a President’s Orders are Unlawful?

A proposal to bring back waterboarding and a “hell of a lot worse.” The possible suggestion that members of the military should intentionally target terrorists’ civilian…

The First Transfer of a Guantánamo Prisoner By the Trump Administration

On Wednesday, the Trump administration transferred longtime detainee Ahmed al-Darbi out of Guantánamo Bay. Although al-Darbi isn’t going free, this first transfer of a Guantanamo…

Nixon’s Long Shadow: Donald Trump’s Emerging Constitutional Defense Against Investigation–and Indictment

Former White House Counsel on why this next phase in Mueller investigation-litigation opens up special counsel's ability to indict sitting President.

Gina Haspel’s Nomination to Head the CIA: Why the Controversy & What is at Stake?

The Senate has recently confirmed Mike Pompeo to be Secretary of State, after Senator Rand Paul (R-KY) dropped his objections and several Democrats indicated that they would support…

The DNC Lawsuit and First Amendment Sensitivities

The First Amendment generally bars civil or criminal liability for publication of truthful material about a matter of public concern. That is true even in the case of stolen information.…

What Mueller’s Questions to Trump Reveal About the Future of the Russia Investigation

Goodman and Whiting pull out the most important insights from Mueller's questions including what it indicates about Mueller's existing evidence on collusion, the legal jeopardy…

Travel Ban III: Why the Court Does Not Have to Second-Guess Any (Nonexistent) Presidential National Security Decisions

[Cross-posted at Balkinization.] There’s already been a great deal written about yesterday’s oral argument in Trump v. Hawaii.  Most observers have focused on whether, for…

Jesner v. Arab Bank: The Supreme Court Preserves the Possibility of Human Rights Suits Against U.S. Corporations

Unpacking the Supreme Court's decision: There's still room for international human rights suits against US companies under Alien Tort Statute.

A Tale of Two Branches at Today’s Oral Arguments in the Travel Ban 3.0 Case

Sitting in the packed courtroom for today’s Supreme Court argument in Trump v. Hawaii, our own Joshua Geltzer was reminded of watching a movie in which the plots for two main…
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