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
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…
Historic Moment for Liberians: Warlord Sentenced to 30 Years
Above: Mohammed Jabbateh in court. Image: Chase Walker/Civitas Maxima On April 19, a federal judge in Philadelphia handed down one of the most severe penalties ever imposed by…
Treaty Based Limitations on the Article 12 Jurisdiction of the Int’l Criminal Court
Above: An Afghani boy rides his bicycle past a U.S. Navy corpsman in Kajaki, Afghanistan. (Photo by Scott Olson/Getty Images) This piece is the latest in our online symposium–spearheaded…
Just Security Podcast: Ex National Security Council Official Joshua Geltzer on Supreme Court Travel Ban Case
Above: Zainab Ahmed of Dearborn, Michigan chants during a protest of Muslim Ban 3.0 on the campus of Wayne State University on October 4, 2017 in Detroit, Michigan. (Photo by Stephen…
At a Crossroad: The Int’l Criminal Court’s Afghanistan Probe and the International Law Commission
This piece is the latest in our online symposium–spearheaded by Professor Laura Dickinson–focusing on the International Criminal Court’s (ICC) probe in Afghanistan and its…