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
Doe v. Mattis: Is the War on ISIS Legal?
Many members of Congress, including those who voted for the 2001 and 2002 AUMFs, feel they haven’t authorized the current fight against ISIS. Unless the executive branch prolongs…
Symposium Recap: We Need the Cloud Act To Save Us & What Bill Dodge Got Right
Arguments in the Microsoft Ireland case are now less than a week away. Despite the desires of many (including me) that Congress move quickly to pass the CLOUD Act – and thereby…
Episode 60 of the National Security Podcast: TL;DL – This Is Why We Can’t Have Nice Things
An over-long episode with a short title to reflect a very busy–and somewhat bizarre–eight day stretch in the wide world of national security law. This week, your hosts Professor…
Microsoft, Ireland, and the Rest of the World
United States v. Microsoft will be practically significant for its effect on law enforcement’s ability to access data stored abroad, and it has the potential to be doctrinally…
The Microsoft Design Decisions That Caused this Mess
I need not spend much space on the merits of United States v. Microsoft, the case about the extraterritoriality of email search warrants that the Supreme Court will decide this…
The Pardon Boomerang: Why Trump Associates May Need to Decline Any Offer of a Pardon
With the idea of presidential pardons resurfacing, there’s a reason that option may simply not work for the President. Trump associates would face a significant risk that their…
Microsoft (Ireland) and the Federal Rules of Criminal Procedure
Microsoft (Ireland) raises a difficult policy question about when and how U.S. law enforcement may access cross-border data. Unfortunately, the Supreme Court is seemingly set to…
“Extraterritorial” Is Not a Bad Word, Even on the Internet
In the world of Internet policy, it is a slur to call something an assertion of extraterritorial jurisdiction. Coverage of, for example, Canada’s recent ruling against Google…
UN Releases Guidelines for Team Investigating ISIS Crimes in Iraq
Back in September, we covered the establishment by the U.N. Security Council of a novel "Investigative Team" to investigate international crimes (genocide, crimes against humanity…
United States v. Microsoft: Why the Government Should Win the Statutory Interpretation Argument
In United States v. Microsoft, the U.S. Supreme Court will determine the geographic scope of Section 2703 of the Stored Communications Act (SCA), which allows the government to…
The Charging Mystery in the Russia Indictments—And Its Indication of What Comes Next in the Mueller Investigation
The indictment of the 13 Russians omitted a very obvious charge. Why? The answer reveals why Mueller may be going after American co-conspirators--including members of the Trump…
Microsoft Ireland: Extraterritoriality Step Zero
United States v. Microsoft is a fascinating case because it appears at the cross-roads of so many different areas of the law—the Fourth Amendment, criminal law, data privacy,…