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.
2,974 Articles
Dispelling Some Myths About Consular Immunity and the Khashoggi Investigation
Turkey and Saudi Arabia are both parties to the Vienna Convention on Consular Relations (VCCR). Because the alleged acts took place at a consulate rather than the Saudi embassy,…
Conscientious Objectors and Whistleblowers: Sentencing Should Recognize First Amendment Interests
Whistleblower Terry James Albury, a former FBI agent in Minneapolis, will be sentenced for violations of the Espionage Act on Thursday, October 17, at 11:00 am Central Time. The…
Trump Gets “Presumption of Innocence” Wrong on Saudi Responsibility for Khashoggi Disappearance
President Donald Trump has weighed in several times in recent days on the disappearance of Jamal Khashoggi in ways that seem intended to minimize Saudi Arabia’s responsibility,…
MBS and the Torture Victims Protection Act–His travel to the United States may no longer be an option
As each day brings new developments in the murder of Jamal Kashoggi, one of the questions I’ve been wondering about is what role, if any, US courts might play in helping…
What Are the Consequences of the Trump Administration’s Recent Treaty Withdrawals?
Resorting to treaty withdrawal in response to adverse actions by other parties or decisions by international courts sets a destabilizing precedent.
On Big Brother Watch v. U.K.: The Future of Surveillance at Two Europe-Wide Courts
A recent opinion by the European Court of Human Rights was more limited than recent decisions concerning surveillance. The European Court of Justice should seize the opportunity…
What Facts Would Deny the Trump Campaign First Amendment Protections in Colluding with Russia
The leading First Amendment and media law expert Floyd Abrams discusses Russia collusion case.
Contempt Prosecutions Require Comity Between Branches of Government, Now Add Trump
The campaign season for the midterm elections is in full swing, with the Republican majorities in the House and, to a lesser extent, Senate in some peril. Should we have a divided…
What Might Force Mueller’s Hand Before the Midterms? Exceptions to the DOJ 60-Day “Rule”
How much does this standard tie Mueller’s hands, and is there anything that might argue in favor of a pre-election surprise? Could, for example, efforts by Trump affiliates to…
Taking Stock of the FBI’s Role in Senate Confirmations after Kavanaugh
I previously wrote that at least some of Judge Kavanaugh’s confirmation challenges are symptomatic of the White House’s general disdain of the vetting process. That may seem…
The Social Meaning of Confirming Kavanaugh is Inescapable
The social significance of what it would mean, especially for certain Senators, to confirm Judge Brett Kavanaugh is now set.
Here Are the 30 People the FBI Needs to Interview in its Kavanaugh Investigation
There are 30 witnesses who are known and who must, at a minimum, be included in any serious FBI inquiry of the sexual assault allegations against Judge Brett Kavanaugh.