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
A New Era of Mass Surveillance is Emerging Across Europe
The world was a different place when, in October 2015, the Court of Justice of the European Union (CJEU) struck down the “Safe Harbour” data-sharing agreement that allowed…
The Troubling Application of the Political Question Doctrine to Congressional Force Authorizations
The U.S. District Court for the District of Columbia on Nov. 21 dismissed the suit brought by U.S. Army Captain Nathan Michael Smith challenging the legality of the military campaign…
Recent Rule 41 Changes: A Catch-22 for Journalists
In early December, the final effort in the Senate to delay amendments to Rule 41 of the Federal Rule of Criminal Procedure was blocked, putting the updates into effect and making…
European Court of Justice Rules “General and Indiscriminate Retention” of Electronic Communications Forbidden by EU Law
The Court of Justice of the European Union ruled yesterday that “general and indiscriminate retention of all traffic and location data of all subscribers and registered users…
Press Freedom and Africa’s Regional Courts: A Positive Model for Transparency and Accountability
The last part of 2016 has not brought much positive news on justice and accountability across Africa. No less that three States — Burundi, South Africa and Gambia — announced…
The (Potentially) Monumental Significance of the Jennings Supplemental Briefing Order
On November 30, the US Supreme Court heard oral argument in Jennings v. Rodriguez—a case that arises from three categories of immigration detention in which…
The Ninth Circuit’s Constitutional Detour in Mohamud
The Ninth Circuit’s decision in United States v. Mohamud continues a trend of disappointing decisions by lower courts on the constitutionality of FISA Section 702 surveillance.…
Human Shields in International Humanitarian Law: A Guide to the Legal Framework
To assist our readers interested in the phenomenon of human shields, I’ve produced a compilation of the relevant legal framework (additions/suggestions welcome!) These rules…
Ninth Circuit Upholds 702 Foreign Intelligence Surveillance, But Leaves Open Future Challenges
Yesterday, the Ninth Circuit released its opinion in United States v. Mohamud – a case I described back in January 2015 as a “top national security” case to watch in the…
Rule 41 Has Been Updated: What’s Needed Next
On December, 1, the revised version of Federal Rule of Criminal Procedure 41 went into effect. The Department of Justice, which first proposed an earlier (and more expansive) version…
A Short Course on the Constitutional Law of Expatriation
The President-Elect is at it again: Nobody should be allowed to burn the American flag – if they do, there must be consequences – perhaps loss of citizenship or year…
Philip Bobbitt’s War Without Tears
In times of war, it’s sometimes said, the laws fall silent—but the laws, and the human rights lawyers who would enforce them, are still faintly murmuring, and these faint murmurs…