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.

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The crashed vehicle used in what is being described as a terrorist attack sits in lower Manhattan the morning after the event on November 1, 2017 in New York City. Police walk around the area. Ribbon ropes off the area around the truck.

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…
Former campaign manager for U.S. President Donald Trump, Paul Manafort, smiles as he leaves U.S. District Court after pleading not guilty following his indictment on federal charges on October 30, 2017 in Washington, DC.

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…
A sign reading, "Office of Military Commissions Expeditionary Legal Complex Guantanamo Bay, Cuba" stands close to where pre-trial hearings are being held for the detainees at the military prison on June 25, 2013 in Guantanamo Bay, Cuba.

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…
Mark Zuckerberg walks past a tree.

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…
A military officer stands near the entrance to Camp VI at the U.S. military prison for 'enemy combatants' on June 25, 2013 in Guantanamo Bay, Cuba.

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…
The top of the U.S. Supreme Court building.

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…
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