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
Why it’s Far Worse for Trump to Fire Rosenstein than to Fire Mueller
All eyes are on what Donald Trump will do, as the oracles on Twitter and the Hill have predicted that the president may fire Special Counsel Robert S. Mueller around the holidays.…
The Supreme Court Should Heed Friendly Advice on Microsoft Ireland
President Trump meets with Apple CEO Tim Cook, Microsoft CEO Satya Nadella, and Amazon CEO Jeff Bezos in the State Dining Room of the White House June 19, 2017 in Washington, DC.…
Confronting Trump: We Can’t Be Outraged About Everything, All of the Time
President Trump signs executive Orders in the Oval Office of the White House, February 3, 2017 in Washington, DC. (Photo by Aude Guerrucci – Pool/Getty Images) I reacted…
U.S. “Confronting” Iran inside Syria: Spoiling for an Unlawful Fight?
Russian President Vladimir Putin and Iranian President Hassan Rouhani meet during the BRICS/SCO Summits – Russia 2015 on July 09, 2015 in Ufa, Russia. (Photo by Alexey Filippov/Host…
Collusion Doesn’t Have to be Criminal to be an Ongoing Threat
During the hearing with Deputy Attorney General Rod Rosenstein on Wednesday, some members of the House Judiciary Committee did not try to conceal their attempt to discredit and…
No Winners: How the Int’l Criminal Court Should Avoid Confronting the United States
ICC Prosecutor Fatou Bensouda presents at the Fifth Annual Blouin Creative Leadership Summit in New York in 2011. (Credit: Thos Robinson/Getty Images for The Louise Blouin Foundation)…
Faith Based Leaders’ Letter to Trump: Anti-Muslim Tweets Threaten the First Amendment
Readers of Just Security may find of interest the letter that my colleagues and I at Georgetown Law’s Institute for Constitutional Advocacy and Protection sent today…
USG Statement on Int’l Criminal Court Probe into Alleged U.S. War Crimes is Missing Some Things
As states gathered earlier this month to kick off the 16th Session of the Assembly of States Parties to the International Criminal Court, ICC watchers wondered what to expect from…
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…