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
We Need to Know More About Government Searches of Travelers’ Electronic Devices
Relying on directives from the George W. Bush administration, U.S. border patrol and immigration officers have been subjecting travelers crossing U.S. borders to intrusive searches…
Episode 36 of the National Security Law Podcast: NSA General Counsel Glenn Gerstell on Section 702
We have a special treat in this off-cycle episode! National Security Agency General Counsel Glenn Gerstell is in Austin to speak to our students here at UT, and (no doubt against…
Q&A with Andy Wright on Flynn, Subpoenas and “Privileged Information”
CNN reported Tuesday that retired Lt. Gen. Michael Flynn, President Donald Trump’s first national security adviser, has twice declined to comply with a subpoena to appear…
Letter to the Editor: How Steve Vladeck’s Response Makes My Case
With his usual zeal, my friend Steve Vladeck energetically defends his support for the D.C. Circuit court’s decision mandating Judge Scott Silliman’s recusal in the military…
We Know a Lot More About U.S. Spying Since Section 702’s Last Reauthorization
As Congress finally starts to debate whether to reauthorize Section 702 of the FISA Amendments Act before it expires at the end of this year, it’s important to remember that…
The States Can Trump Trump’s Pardons: State Prosecutions for Money Laundering, Hacking Conspiracy, Tax Fraud, and More
This article is cross-posted at Shugerblog. After President Donald Trump pardoned former Sheriff Joe Arpaio, observers feared that the president was just warming up his pardon…
Naming the President as an Unindicted Co-conspirator?
As Special Counsel Robert Mueller and his staff go about their work, the media is rife with “what-ifs.” Among them — what if, as the great weight of legal commentary…
President Trump’s Hostility to the News Media: Reckless driving or premeditated assault?
On Tuesday, the United Nations High Commissioner for Human Rights, Zeid Raad al-Hussein, held a press conference at his headquarters in Geneva, intending to focus on systematic…
A Baker’s Dozen of Additional Questions for the Russia Investigation
In her recent post, “20 Questions That Should Be Answered by the Russia Investigations,” Faiza Patel enumerates a series of questions that should be addressed by the various…
Proposed 2019 Start Date for 9/11 Trial Faces Skepticism from Gitmo Judge
GUANTANAMO BAY NAVAL BASE, Cuba — The military commission proceeding against five detainees allegedly responsible for the September 11th terrorist attacks is slowly inching…
An Update of the Israel-Palestine-International Criminal Court Timeline
A lot has happened before the International Criminal Court since we last reported on the Palestine and related situations. The timeline below picks up where my last timeline of…
Norms Watch: Democracy, the Trump Administration, and Reactions to It (August 18-August 25)
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…