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
Guantanamo: Donald Trump’s Opportunity
The Trump Administration’s response to last week’s attacks in downtown Manhattan could go either of two directions: The United States could continue to flounder with indecision…
Why the First Amendment Constrains Trump’s Use of Twitter
President Donald Trump may be the first resident of the White House to be a prolific user of Twitter, but he probably won’t be the last. Indeed, government officials around…
Recap of Recent Pieces on Just Security (Oct. 28-Nov. 3)
Cybersecurity and Cyber Conflict Robert S. Taylor, Cyber, Sovereignty, and North Korea–And the Risk of Inaction Michelle Richardson and Mike Godwin, What the White House Needs…
An ICC Investigation of the U.S. in Afghanistan: What does it Mean?
The Prosecutor of the International Criminal Court (ICC) announced today that she will file a request with the judges of the Court to open an investigation in Afghanistan, including…
A Better Solution in Jesner v. Arab Bank
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…
What the White House Needs to Disclose about its Process for Revealing Cybersecurity Vulnerabilities
At a series of events earlier in October, White House Cybersecurity Coordinator Rob Joyce announced that he is preparing to release more information about the Vulnerabilities Equities…
The Absurd (if Predictable) Suggestion to Transfer Sayfullo Saipov to Longterm Military Custody
President Trump said yesterday that he would “certainly consider” transferring Sayfullo Saipov–the person who murdered eight people in Manhattan on Tuesday–to…
Members of Congress Ask Facebook to Notify Users Exposed to Russian Propaganda–Ball Is Now in Zuckerberg’s Court
“I’m sure as you began your business and they grew, it was the idea of bringing people together and not tearing people apart, as I’m sure the Wright Brothers never intended…
For Quick and Strong Justice, Look to the Courts—Not Guantanamo
On Wednesday, Senators Lindsey Graham and John McCain reignited a seemingly settled debate by urging that Sayfullo Saipov, the suspect in Tuesday’s horrific terrorist attack…
Norms Watch: Democracy, the Trump Administration, and Reactions to It (October 2017)
Sign up here to receive Norms Watch in your inbox once a month. INTRODUCTORY NOTE This edition of Norms Watch will examine the ten greatest violations of democratic norms in the…
Episode 44 of the National Security Law Podcast: Interrogation, Prosecution, and Detention Issues in the Wake of the NYC Attack
We are back, one day after dropping episode 43, with an emergency podcast discussion the legal consequences of the horrific attack that occurred in New York City yesterday. The…
What’s Going on at Gitmo?
Big news out of Guantánamo today: Marine Brig. Gen. John Baker, the chief defense counsel for the Military Commissions, was found guilty of contempt and sentenced to 21 days confinement…