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
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…
Former Federal Prosecutor Renato Mariotti’s Tweet Threads
Renato Mariotti, a member of the Just Security Editorial Board and former federal prosecutor in Illinois, has written incisive and sophisticated legal analysis on the Trump-Russia…
The Importance of Professional Expertise in Gathering Evidence of Mass Atrocities
Justice for core international crimes committed in places like Syria is currently non-existent. Yet, should our frustration with this lack of accountability lead us to alter widely-accepted…
The Original Meaning of the Alien Tort Statute
At oral argument in Jesner v. Arab Bank, Supreme Court Justice Neil Gorsuch raised a theory about the about the original meaning of the Alien Tort Statute (ATS), a provision of…
Happy PATRIOT Act Day!
On this day, 16 years ago, President George W. Bush signed into law the most sweeping, publicly acknowledged domestic surveillance authority in American history. Enacted six weeks…
Jesner v Arab Bank Symposium: The Virtually Unanswerable Argument from General Principles
In their briefs and oral arguments before the Supreme Court earlier this month, counsel in Jesner v. Arab Bank met some astronomical expectations. But questioning from Justices…
Episode 42 of the National Security Law Podcast: The Magic Bullet Travel Ban(d)
In this week’s episode, Bobby Chesney and I start with a close look at Smith v. Trump, a case that seeks a judicial ruling on whether the Islamic State really falls within…
Corporate Liability and Crimes against Humanity
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…
Closing Section 702’s Front-Door Search Loophole: A Critical Protection for Americans
As the December 31st expiration date for Section 702 of the Foreign Intelligence Surveillance Act (FISA) approaches, the debate over reauthorization is in full swing. Most of the…