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

Mark Zuckerberg, It’s Time For an Act of Radical Transparency
When Russian Facebook ads are finally released to the American public, much of the news coverage will laud this as a major step toward transparency in telling us what happened.…

Episode 43 of the National Security Law Podcast: Unseal this Podcast!
It’s been a busy week in national security law! In Episode 43, Professor Bobby Chesney and I take on: Mueller-Time: Indictments against Manafort and Gates, and an even-more important…

Can Defense Counsel Ever Be Lawfully Surveilled by the Government?
David Luban’s essay (“Indefensible: Why Guantánamo defense lawyers can’t ethically participate any longer”) presents an excellent rendition of most of the ethics rules…

Jesner Oral Arguments, Justice-by-Justice
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…

Major Takeaways from the Papadopoulos Bombshell
For months, it was well known that Paul Manafort, President Donald Trump’s former campaign chairman (who has longstanding ties to the Trump world), was in serious legal trouble.…

A Timeline of Paul Manafort’s Relationship with the Trump World
Now that Special Counsel Robert Mueller has indicted Paul Manafort, the former chairman of President Donald Trump’s presidential campaign, the White House has already begun to…

Two Former Federal Prosecutors Analyze Manafort Indictment: Just Security’s Mariotti and Whiting
On Monday, special counsel Robert Mueller indicted former Trump campaign chairman Paul Manafort and his associate Rick Gates, Jr. (word-searchable full text). The indictment involves…

Corporations Should be Held Liable for Violations of the Law of Nations
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…

The Guantánamo Ethics Mess
The latest episode in the Military Commission’s efforts to try Abd al-Rahim al-Nashiri for the U.S.S. Cole bombing is a dramatic dispute between Air Force Col. Vance Spath,…

Mueller Has Authority to Name President Trump as an “Unindicted Coconspirator”
Imagine if Special Counsel Robert Mueller finds sufficient evidence to charge President Donald Trump, but his hands are tied because he or the Department of Justice concludes that…

Recap of Recent Pieces on Just Security (Oct. 21-27)
Russia Investigation and Facebook Ryan Goodman, Top Experts: Can Facebook Legally Disclose Russian Ads–What does the Stored Communications Act say? Artin Afkhami, Former Federal…

Top Experts: Can Facebook Legally Disclose Russian Ads–What Does the Stored Communications Act say?
I asked several of the most highly respected legal experts for their views on an issue yet to receive significant attention in the news: whether and to what extent, if any, a federal…