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
Cambridge Analytica and Its Foreign National Staff Violated U.S. Laws
The nonpartisan group Common Cause has filed complaints against Cambridge Analytica before the Federal Election Commission and the Justice Department for allegedly unlawful involvement…
Expert Q&A: The International Criminal Court’s Afghanistan Probe and the US
In November, the Prosecutor of the International Criminal Court (ICC), Fatou Bensouda, sought authorization from a panel of ICC judges to open an investigation into war crimes…
Somewhat Improved, the CLOUD Act Still Poses a Threat to Privacy and Human Rights
Above: President Donald Trump gestures to the $1.3 trillion spending bill passed by Congress early Friday. The president just signed a 2,232 page omnibus bill to fund the government…
Congress Should Place More Limits on Cellphone Location Tracking After Carpenter
This spring, the United States Supreme Court will issue a ruling in the landmark case of Carpenter v. United States, deciding whether the government requires a warrant to continuously…
Privacy and Civil Liberties under the CLOUD Act: A Response
[Cross-Posted at Lawfare] In a post last week, Neema Singh Guliani of the ACLU and Naureen Shah of Amnesty International disagreed with our earlier arguments as to “Why the CLOUD…
Gina Haspel, Torture, and the ProPublica Correction
ProPublica’s comprehensive correction to significant portions of its earlier reporting on Gina Haspel, President Donald Trump’s recent nominee for CIA Director, provided an…
Sessions’ Firing McCabe Violated His Promise to Recuse
Most focus on what the Attorney General said in his statement of recusal in March 2017. What has been overlooked is when Sessions promised the Senate, under oath, that he would…
The Unintended “Foreign Agents”
“Foreign agents” are suddenly in our midst – or so it seems. Paul Manafort was indicted, in part, for failing to register under the Foreign Agents Registration Act (FARA).…
UN Working Group: Indefinite Detention of Gitmo Detainee Violates Human Rights Law
The Jan. 24 findings of the UN Working Group on Arbitrary Detention conclude that the continued detention of Ammar al Baluchi at Guantanamo Bay is arbitrary, discriminatory, and…
Trump’s Torture Appointees
While Trump’s executive picks have generated considerable publicity due to their support for or history with Bush-era torture and detention policies, his administration’s choices…
Why the CLOUD Act is Good for Privacy and Human Rights
Above: Lawyer Joshua Rosenkranz and Brad Smith, President and Chief Legal Officer of Microsoft, speak to reporters following oral arguments in the U.S. v. Microsoft case at the…
More Trouble for Undocumented Immigrants and the Suspension Clause
Back in August 2016, I wrote a lengthy post about the Third Circuit’s decision in Castro v. Department of Homeland Security, which held that recently-arrived undocumented…