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.
2,859 Articles
Letter to the Editor: To Combat Extremism, We Will Need More Than Words
Earlier this week, the UN hosted a high level meeting in response to President Obama’s call for a new strategy to “combat violent extremism.” As Syrian refugees flee to Europe…
The AUMF, ISIL, and… FOIA?
Earlier today on Twitter, USA Today‘s Brad Heath posted the key paragraphs from DOJ’s denial of his FOIA request for any OLC memos relating to the applicability of…
A Proposal to Improve Foreign Law Enforcement Access to US-Held Data
In my last post, I reviewed a number of proposals to reform the Electronic Communications Privacy Act (ECPA). These proposals are aimed at delimiting law enforcement access to…
D.C. Circuit Grants Rehearing En Banc in al Bahlul (and Highlights My Poor Math Skills)
This afternoon, the D.C. Circuit granted rehearing en banc in al Bahlul v. United States, the constitutional challenge to the Guantánamo military commissions’ authority to try…
Six National Security Questions Presidential Candidates Should Have To Answer
A lot of ink has already been spilled on Carly Fiorina’s … strange … focus in last week’s Republican debate on expanding the (already massive) Sixth Fleet as one of the…
Chris Soghoian on Collaboration Between Lawyers, Technologists, and Policymakers
As faithful readers of our site are hopefully aware, Just Security will be celebrating its second anniversary on Monday with an event dedicated to exploring one of the most important…
Lifting the Gag Order on One NSL is Good, But It’s Just a Start
Earlier this week, the public got a look at that rare occurrence in a national security case: a court lifting a gag on the recipient of a surveillance request. On August 28, Judge…
Watching the En Banc Clock in al Bahlul
Just a friendly reminder that the government’s petition for rehearing en banc in the D.C. Circuit in al Bahlul v. United States remains pending… Al Bahlul’s…
ECPA Reform: A Primer
Last week, the Second Circuit heard oral argument in the Microsoft Ireland case (transcript). The dispute raises a number of pressing questions about the Electronic Communications…
Will Filartiga Survive?
On September 16, the Fourth Circuit will hear oral argument in Warfaa v. Ali, a case brought by the Center for Justice and Accountability under the Alien Tort Statute (ATS) and…
The ICC in Kenya: Institutional Promises and Limitations
There is no question that the International Criminal Court prosecutions of Kenyan officials for crimes committed during the post-election violence of 2007-2008 have been extraordinarily…
Self-Censorship in Action: The British Library Rejects Taliban Archive
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…