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.
2,974 Articles
The ICJ Issues Provisional Measures Against Russia on Ukraine’s Racial Discrimination Claims
Russian media are reporting that the International Court of Justice (ICJ) “rejected” Ukraine’s request for provisional measures against the Russian Federation in the case…
Unconstitutional Motives: When US Policies Are Motivated Only in Part by Religious Discrimination
Few would dispute that government actions motivated wholly by religion violate the Constitution’s Establishment Clause. The question becomes more complicated if the motives are…
“Golden Shield” Oral Arguments Today: Doe v. Cisco
A panel of the Ninth Circuit of Appeals in San Francisco (composed of Judges Stephen Reinhardt, Wallace Tashima, and Marsha Berzon) will hear oral arguments today in the Alien…
A Microsoft Ireland Fix: Time to Act is Now!
It’s been almost a year since the Second Circuit issued its decision in the Microsoft Ireland case, ruling that U.S. warrant authority pursuant to the Electronic Communications…
How High Was the Bar for Getting a FISA Warrant to Monitor Carter Page?
During summer of the 2016 presidential campaign, the FBI obtained a warrant from a secret court, known as the Foreign Intelligence Surveillance Court, to monitor a Donald Trump…
Important New Bipartisan Bill To Advance Accountability for International Crimes in Syria
Following on the heels of last week’s chemical weapon attack in Syria, Senators Marco Rubio (R-FL), Ben Cardin (D-MD), Jeanne Shaheen (D-NH), Bob Corker (R-TN), Bob Menendez…
Why Flynn Isn’t Getting Immunity Anytime Soon
[Editor’s Note: This post is part of a Just Security symposium on retired lieutenant general Michael Flynn’s legal jeopardy. Ready Alex’s earlier post, “Flynn’s…
Reforming Surveillance In the Age of Donald Trump
Above: An NSA site in Germany. On Wednesday, the Republican chair of the House Intelligence Committee, Devin Nunes (R-CA), gave a press conference in which he reported that Trump…
Incidental Collection Is Extremely Troubling, Regardless of Legality
A lot of ink has been spilled over statements by House Intelligence Committee Chairman Nunes that President Trump’s communications were incidentally collected pursuant to a surveillance…
So What is “Evidence that Is Not Circumstantial”–in the Russia Investigation?
Rep. Adam Schiff, the top Democrat on the House Intelligence Committee, said Wednesday that “there is more than circumstantial evidence now…there is evidence that is not…
Drawing a Line on Mass Surveillance: How Congress Must Reform Section 702
RAF Menwith Hill in the United Kingdom, host to U.S. National Security Agency facilities. On Monday, members of the House Intelligence Committee held an open hearing into Russian…
Judge Gorsuch and Executive Power
I’ll be testifying tomorrow before the Senate Judiciary Committee about Judge Gorsuch’s nomination to the Supreme Court. I intend to focus on Judge Gorsuch’s tenure at the…