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
DOJ’s New Stingray Policy is a Good Start, But It’s Got Problems
Last Thursday afternoon, just as we were all heading out for the Labor Day weekend, the Justice Department released new policy guidance on the use of cell-site simulator technology.…
The Microsoft Warrant Case: Response #2 to Orin Kerr
Over at the Volokh Conspiracy, Orin Kerr responds, point by point, to my disagreement with his take on the Microsoft warrant case. I thank Kerr for continuing the conversation,…
The Microsoft Warrant Case: A Response to Orin Kerr
With less than a week before the Second Circuit considers the dispute between Microsoft and the government over emails stored in Ireland (an issue I have blogged about here, here,…
Armed Opposition Groups’ Courts: Challenging the Lawfulness of Detentions in Light of the Serdar Mohammed Appeals Judgment
Much has already been written on the authority to detain in non-international armed conflicts (NIACs) (see here, here, and here for recent posts). So much so, in fact, that it…
The Difficulty With Metaphors and the Fourth Amendment
The Fourth Amendment to the US Constitution seems straightforward on its face: At its core, it tells us that our “persons, houses, papers, and effects” are to be protected…
Better Never Than Late? The D.C. Circuit’s Problematic Standing Holding in Klayman
This morning, nearly 10 months after it was argued, the D.C. Circuit finally handed down its decision in Obama v. Klayman—the government’s appeal of Judge Leon’s December…
The Alarming Gaps in Military Appellate Review
We pay a lot of attention on this blog to the Guantánamo military commissions and the principal structural defect in those tribunals as currently constituted, to wit, their power…
The Supreme Court, ISIS, and the War Powers
In the latest issue of the Atlantic, Yale Professor Bruce Ackerman has a provocative essay titled “Can the Supreme Court Force Congress to Own the War on ISIS?” Not…
Beyond the APA: The Role of Psychology Boards and State Courts in Propping up Torture
The image of torture in US popular culture is an intimate one: a government agent and a suspect in a dark cell, usually alone. But the reality of our state-sanctioned torture program…
The DOD Law of War Manual and Command Responsibility: Is it Time for a “Necessary and Reasonable” Change to the UCMJ?
Editor’s Note: This post is the latest in Just Security’s “mini forum” on the new Defense Department Law of War Manual. This series includes posts from Sean Watts, Eric…
Warrantless Phone Tracking: The Fourth Amendment and Circuit Splits
Last week, a divided three-judge panel of the Fourth Circuit ruled in United States v. Graham that the government must obtain a warrant to obtain from a phone user’s historical…
A Readers’ Guide to our Mini-Forum on DOD’s new Law of War Manual
As you’ve probably noticed this summer, we’ve been hosting a mini-forum on the Defense Department’s Law of War Manual that was published earlier this summer. As Marty Lederman pointed…