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

NYU Law Forum: “National Security: The Role of Senior Advisers in the White House”
On October 18, the Latham & Watkins Forum at NYU Law presented discussion on “National Security: The Role of Senior Advisers in the White House.” Just Security…

Facebook Users Have the Right To Know How They Were Exposed to Russian Propaganda
On November 1st, Facebook’s general counsel, Colin Stretch, will testify before the House and Senate intelligence committees as part of the congressional investigations into…
Recap of Recent Pieces on Just Security (Oct. 14-20)
ISIS, Iraq, Syria, and Yemen Amarnath Amarasingam, Jade Parker, and Charlie Winter, ISIS’s Vegas Claim Tells Us More about the Group Than About the Attacker Nadim Houry, What…

The Arpaio Decision: When the World Is Extraordinary But the Law is Ordinary
Earlier this month, Judge Susan Bolton deemed President Trump’s pardon of former Sheriff Joe Arpaio to be lawful and therefore dismissed the pending case against him, which otherwise…

Pluses and Minuses of the Imminence Standard in Counterterrorism Strikes
Last month, I wrote on the revisions that the Trump Administration reportedly plans to make to President Obama’s drone policy. The piece set off a robust conversation with…

Where is Congress? The Supreme Court’s Cert in Microsoft Ireland Case Should Spur Lawmakers to Act
On Monday, the Supreme Court decided to take cert in what’s known as the Microsoft Ireland case – raising the issue of law enforcement’s ability to reach data stored…

Responsibility and the Encryption Debate: A Response to DAG Rosenstein
Deputy Attorney General Rod Rosenstein. Last week, Deputy Attorney General Rod Rosenstein gave a speech about encryption at the U.S. Naval Academy, solidifying the Trump administration’s…

Surveillance “Reform”: The Fourth Amendment’s Long, Slow, Goodbye
Over 16 years after the 9/11 attacks and the subsequent repeated passage or renewal of draconian “temporary” but “emergency” domestic surveillance laws in response, it’s…

Indefensible: Why Guantánamo defense lawyers can’t ethically participate any longer
On Friday, Guantánamo death penalty lawyer Richard Kammen announced in a press release that: Brig. Gen. John Baker, the Chief Defense Counsel for the Military Commissions Defense…
Recap of Recent Pieces on Just Security (Oct. 7-Oct. 13)
Iran Nuclear Agreement Marty Lederman, Don’t Believe the Hype: Trump Is Not “Decertifying” the Iran Deal Tess Bridgeman, What the White House Announcement on Iran Deal Really…

Oral Argument in Jesner v. Arab Bank: Gimme Two Steps?
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…

Oral Arguments in Jesner v. Arab Bank: Supreme Court May Favor Two Steps to Corporate Liability for Human Rights Violations
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…