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
Four Common Sense Fixes to the CLOUD Act that its Sponsors Should Support
Congress is quietly but intensively debating the CLOUD Act, a bill which would have a serious impact on privacy rights, and it may be attached to an omnibus spending bill this…
Putin’s Story of What Happened in 2016 Sounds Familiar
Where have I heard that story before? Tonight, NBC will air an hour-long special featuring a sit-down interview between Megyn Kelly and Russian President Vladimir Putin. A preview…
The Post-Election Mystery of Carter Page
Do we all need Carter Page, the former foreign policy adviser on the Trump campaign, to be a little more than he really is? For supporters of President Donald Trump (and Page himself),…
Jesner v. Arab Bank Symposium Recap
Just Security has created a Jesner v. Arab Bank symposium index on its Deep Dives page. Jesner is pending before the U.S. Supreme Court and presents the question of whether corporations…
Do Not Pass Go: The Predictable Results of Subpoena Defiance
A short walk down memory lane shows how wrong former Trump campaign aide Sam Nunberg is about the consequences of defying a subpoena.
Why An Encryption Backdoor for Just the “Good Guys” Won’t Work
Recently, U.S. law enforcement officials have re-energized their push for a technical means to bypass encryption. But seeking to undermine encryption only looks backward instead…
Using U.S. Courts to Promote Accountability for the 1990 Liberian Church Massacre and Beyond
Between 1989 and 2003, civil war consumed the small West African nation of Liberia, resulting in the estimated deaths of 150,000 to 250,000 men, women and children, and the displacement…
Mueller’s Uphill Battle: Obstruction Law and the Comey Firing
Did the president commit a violation of federal criminal law when he fired the FBI director? Many commentators assume that the president has violated one of several criminal statutes…
Doe v. Mattis: Is the War on ISIS Legal?
Many members of Congress, including those who voted for the 2001 and 2002 AUMFs, feel they haven’t authorized the current fight against ISIS. Unless the executive branch prolongs…
Symposium Recap: We Need the Cloud Act To Save Us & What Bill Dodge Got Right
Arguments in the Microsoft Ireland case are now less than a week away. Despite the desires of many (including me) that Congress move quickly to pass the CLOUD Act – and thereby…
Episode 60 of the National Security Podcast: TL;DL – This Is Why We Can’t Have Nice Things
An over-long episode with a short title to reflect a very busy–and somewhat bizarre–eight day stretch in the wide world of national security law. This week, your hosts Professor…
Microsoft, Ireland, and the Rest of the World
United States v. Microsoft will be practically significant for its effect on law enforcement’s ability to access data stored abroad, and it has the potential to be doctrinally…