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
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…
DOJ’s appeal to district court judge from Magistrate Orenstein’s rejection of Apple All Writs Act order
is here; I have not yet read it. It will be considered by Judge Margo Brodie.
Reminder: You Should Care About Mass Surveillance, Even if You’ve Done Nothing Wrong
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…
Closing Guantánamo: Before You Accuse Congress, Take a Look at Your Administration
Five years ago today, President Obama issued Executive Order 13567, which established the Periodic Review Board (PRB) process to review every “forever” detainee in Guantánamo…
Excellent summary of GTMO myths . . . and a classic case of the “false equivalence fallacy”
A while back I wrote here about how remarkably successful President Obama’s efforts have been to fundamentally transform, to the point of elimination, the U.S. practice of…
A Readers’ Guide to the Apple All Writs Act Cases
The last few weeks and months have been awash in media coverage of two cases before magistrate judges involving the federal government seeking to use the All Writs Act to compel…
[UPDATED] Magistrate Judge Orenstein’s order in the EDNY, denying DOJ’s All Writs Act request . . .
. . . is here. The order that the government requested the judge to issue would have required Apple to bypass the passcode security on an iPhone 5s (which used Apple’s iOS…
The State Department’s Records and Response Problems Are Not New, They’re Systemic
The State Department’s records management, FOIA compliance, and oversight responsiveness have endured withering scrutiny in court and on Capitol Hill since disclosure of Hillary…
Apple’s motion to vacate the All Writs Act assistance order: Has Apple chosen the best “test case”?
Here it is. On first read, I think it has some very strong sections, including, in particular, its description of the efforts Apple would have to undertake to create and secure…
A Quick Update on Serdar Mohammed v. Ministry of Defence
Earlier this month, the UK Supreme Court held oral argument in Serdar Mohammed v. Ministry of Defence, a crucial case concerning the legality of British detention policy in Afghanistan.…
House Judiciary Committee Hearing Tomorrow: Law Enforcement Access to Data Across Borders
Tomorrow, the House Judiciary Committee will be holding a “Hearing on International Conflicts of Law Concerning Border Data Flow and Law Enforcement Requests” — an issue…