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.
2,932 Articles

Far from “Thin,” Evidence of Manafort’s Witness Tampering Likely Meets Necessary Standard
The fact that Special Counsel Robert Mueller has brought a motion alleging witness tampering by Paul Manafort says nothing about where things stand in the larger investigation.

What If Police Use ‘Rekognition’ Without Telling Defendants?
At least two US law enforcement departments -- and Motorola, which sells equipment to the government -- have already purchased access to Amazon’s “Rekognition” system. This…

Policy and Legal Implications of European Court’s Ruling on CIA “Black Sites”
A Casa 235 turboprop plane at Ruzyne Airport April 8, 2005 in Prague, Czech Republic before leaving for Afghanistan. According to airport flight records the plane was registered…

Can You Sue International Organizations? The Supreme Court Decides to Weigh In
Last week, the Supreme Court granted certiorari in Jam v. the International Finance Corporation, that may pare back immunities from lawsuits for international organizations. The…

France’s Creeping Terrorism Laws Restricting Free Speech
French prosecutors have been aggressively pursuing anyone who speaks positively of a terrorist act or group even if their intention is not to incite violence or promote the group.

Reading the Mueller Tea Leaves During a Confusing Week
There were stories this week that seemed to suggest Special Counsel Robert Mueller’s investigation into the Trump campaign and Russian interference in the election may be winding…

A Cosmic Legal Collision: The Engineer vs. The Border Patrol
For a quarter of a century, Terry Bressi, staff member and chief engineer for the Spacewatch Project at the University of Arizona’s Lunar & Planetary Lab, has had two…

Tragedy of Errors: The Solicitor General, the Supreme Court and the Truth
The Office of the Solicitor General found itself in the position of defending an Executive Order targeting a broad group of individuals whom, the president claimed, should be subject…

Holding Migrant Children on Military Bases: What You Need to Know
The Washington Post recently reported that the Trump administration is making preparations to hold migrant children on U.S. military bases while their parents are pending trial…

Trump’s Subpoena Gamble: Fighting It Could Open Door to Indictment
If President Trump litigates the question whether the special counsel can subpoena him, the courts may ending up also saying a sitting president can be indicted.

Letter to the Editor: The Twenty-Fifth Amendment Reader’s Guide
Harold Koh and the Yale Law School Rule of Law Clinic should be proud of their work. Released on April 18, the Clinic’s “Reader’s Guide” to Section 4 of the Twenty-Fifth…

Contempt of Congress, Contempt by Congress
The latest sideshow stemming from Special Counsel Robert Mueller’s investigation into Russian collusion is Congressmen Devin Nunes’s (R-Calif.) and Mark Meadows’s (R-N.C.)…