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.
2,864 Articles
FBI Discovers It Can Access That iPhone After All
Update: The FBI is now explicitly denying that the method described in this post is the one they’re planning to employ — so apparently my suspicion was mistaken and they…
A friendly critique of the proposed Chesney/Vladeck “middle ground” in the Apple/FBI disputes
Bobby Chesney and Steve Vladeck have published an excellent and provocative post today concerning the recent All Writs Act disputes between the government and Apple. I agree with…
Upcoming International Criminal Law Trifecta
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Justice Garland and National Security Accountability: What’s Missing from the Dueling Guantánamo Accounts
Not surprisingly, folks looking for interesting things to say about Chief Judge (and Supreme Court nominee) Merrick Garland’s jurisprudence during his 19-year tenure on the…
Strong Intelligence Oversight Can Happen Within the Executive Branch
That the American public is divided on the current showdown between Silicon Valley and the national security state is to be expected. What is more striking, at least at first blush,…
The Growing Divide Between European Governments and Regional Courts on Surveillance
Last week, as he delivered his first report to the UN Human Rights Council, the UN Special Rapporteur on the right to privacy made headlines with his sharp criticism of the United…
FOIA Litigation Has Its Own Rules, But We Deserve Better
When will federal judges start acting more like State Department flacks? It’s a question worth thinking about during Sunshine Week. For those of us who regularly litigate national…
The Supreme Court Could Use an Expert on National Security or International Law
One doesn’t hear much about the Supreme Court as a team these days, but in fact for most of the life of the Court this has been one of its principal modes of operating. Although…
The FBI Wants Schools to Spy on Their Students’ Thoughts
Imagine you’re a high school principal. An FBI document lands on your desk. It’s called “Preventing Violent Extremism in Schools,” and it’s alarming. According to the…
Determining When the Armed Conflict With Al-Qaeda Started
A panel of the DC Circuit recently held oral arguments in the case of Abd al Rahim al-Nashiri — a Saudi man accused of involvement in numerous terrorist plots and attacks against…
We Need to Know More About How the Government Censors Its Employees
In December, in a series of editorials published in The Washington Post and Just Security, Jack Goldsmith and Oona Hathaway made the case for reforming the government’s broken…
The Latest European Court of Human Rights Ruling on Accountability for Torture
In another important decision on European participation in the US war on terrorism, the European Court of Human Rights (ECtHR) issued a judgment late last month against Italy for…