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
Beyond Customary International Law: What Jesner Can Learn From Corporate Criminal Liability for International Crimes
Ed. note. This article is the latest in our series on the U.S. Supreme Court case Jesner. v. Arab Bank, a case that is slated to resolve the question of whether corporations can…
Episode 49 of the National Security Law Podcast: Interrogation, Detention, Prosecution, and Targeting
In this week’s episode, Bobby Chesney and I pick up the thread on a handful of familiar issues, and introduce a few new ones as well. Interrogation: The topic is a blend,…
“Congressional Authorizations on Use of Force,” by Defense Dep’t Principal Deputy General Counsel William Castle (Full Text)
On Monday evening, William S. Castle, the Pentagon’s top lawyer, gave a speech entitled, “Congressional Authorizations on Use of Force?,” at the New York City Bar Association.…
The House Intelligence Committee’s Section 702 Markup Was a Politicized Debacle
On Dec. 1, 2017, the House Intelligence Committee took the unusual step of holding an open markup of its bill to reauthorize Section 702 of the Foreign Intelligence Surveillance…
Incomplete Justice: The Officer Who Killed Walter Scott Should Have Gotten Life Behind Bars
On Thursday, Michael Slager, a former police officer with the North Charleston, S.C. Police Department, was sentenced to twenty years in federal prison—not life imprisonment.…
Why Microsoft Challenged the Right Law: A Response to Orin Kerr
This coming spring, the Supreme Court will hear arguments in the United States v. Microsoft – a case that will determine the authority of U.S. law enforcement to compel, via…
Former Prosecutor Renato Mariotti’s Tweet Threads on National Security (Dec. 1-8)
Here is an exposition and analysis of some of this week’s national security-related threads authored by Just Security Editorial Board member and former federal prosecutor Renato…
The Collateral Costs of a Logan Act Prosecution
Michael Flynn’s plea hearing last Friday—which I had the good fortune to witness—was accompanied by an extraordinary “Statement of the Offense.” The document indicates…
Hayden, NSA, and the Road to 9/11
Retired Gen. Michael Hayden, former director of the NSA and CIA (and now, a national security analyst at CNN), has recently emerged as a leading critic of the Trump administration,…
Norms Watch: Democracy, the Trump Administration, and Reactions to It (Nov. 2017)
Editor’s Note: Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of…
Why Trump’s Lawyer is Dead Wrong on Obstruction of Justice
President Donald Trump’s personal lawyer, John Dowd, now claims that the president “cannot obstruct justice because he is the chief law enforcement officer” under Article…
What Questions Does Flynn’s Plea Agreement Raise?
Michael Flynn’s plea agreement, announced Friday, brought with it new documents, new details, and so many new questions. The really big ones stem from the statement of offense,…