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.
2,856 Articles
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,…
The Parties in U.S. v. Microsoft Are Misinterpreting the Stored Communications Act’s Warrant Authority
United States v. Microsoft comes to the court in stark terms. The case involves a search warrant demanding that Microsoft turn over stored emails from a server in Ireland. That…
Introducing Just Security’s Symposium on United States v. Microsoft
Just Security is pleased to announce the launch of an online symposium on United States v. Microsoft, which will be argued at the U.S. Supreme Court on February 27. The question…
The United States Can – And Should – Prosecute the Killers of US Journalists and Aid Workers in Syria
Two formerly British ISIS combatants who are suspected of murdering three US citizens are now in US allies’ custody. The "ISIS Beatles" can and should be tried in US federal…
Episode 59 of the National Security Law Podcast: Share the Cookies
We don’t lack for topics this week! In today’s episode, Professor Chesney and I eat a number of cookies while talking about the following: Rachel Brand steps down at DOJ. …
Left Out of the Party on Cloud Nine: A Response to Jennifer Daskal
A new bill meant to address cross-border access to data is not a cause for celebration. It fails to include fundamental safeguards to protect consumer's rights. The CLOUD Act would…
Brand Loyalty
For the No. 3 lawyer at the Justice Department to quit after just nine months on the job is, to say the least, unusual. Under the Trump administration, where the downright bizarre…
If Trump Pleads the Fifth, Here Are Mueller’s Options
In the last several days, President Donald Trump’s lawyers have floated what appears to be a trial balloon, suggesting that despite Trump’s bold proclamation that he welcomed…
What’s the Story Behind Flynn’s Plea Deal?
A look at the plea deal of retired Lt. Gen. Michael Flynn, the second in a series of posts on the central mysteries of the Trump-Russia investigation.