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.
2,854 Articles
Top 10 Election Litigation Cases in 2024 Implicating the Rule of Law
In this top ten list updated weekly, the most important of hundreds of election-law cases are ranked for their rule of law implications.
Rising Authoritarianism and Plutocracy Are a Dangerous Mix for Press Freedom
U.S. democracy appears so strong as to be unbreakable. But the billionaire class is its weakest point: small, concentrated, and all too often uninterested in following the rules…
Does a “Presumptive” Privilege Protect President Trump from Prosecution for Pressuring Pence?
Prosecuting Trump for pressuring Pence to refuse to count valid electoral ballots would be a well-founded prosecution for a serious offense.
Frictionless Government and the National Security Constitution
Layering different kinds of friction is crucial. Checks that may restrain a unilateralist Executive, such as empowering Congress structurally to push back effectively, can still…
On Dictatorship and Self-Censorship: Lessons the Owner of a Sudanese Newspaper Could Give Jeff Bezos
"It is vital that we discuss the Washington Post’s and L.A. Times’s non-endorsement in the U.S. presidential election, plainly and openly, as what they actually are."
Don’t Let Military and Overseas Voters Become the Next Targets for Voter Suppression
We hope Americans from both sides of the aisle will recognize the peril in withholding the right to vote from active-duty military personnel, from U.S. diplomats, and from all…
Confronting the War on International Law in the United States
Widespread ignorance and even fear of international law only cede the territory to those willing to wield it. For the interests of the United States, it is essential that Congress,…
Symposium on Harold Hongju Koh’s ‘The National Security Constitution in the 21st Century’
Just Security is pleased to hold a symposium of leading experts engaging with Professor Harold Hongju Koh's recently-released The National Security Constitution in the 21st Century.
The Just Security Podcast: Persons with Disabilities, the Slave Trade, and International Law
How can international law, and the ICC's planned slave crimes policy, best account for the unique challenges persons with disabilities face?
Courts Blocked Georgia’s Hand-Count Rule, But Risk of Election Misinformation Remains
The hand-counting rule provides foreign adversaries with a potentially tailor-made narrative to spread election disinformation.
Fair and Fast Asylum Processing: Lessons from Switzerland
The central premise of the successful Swiss reforms – that fairness, contributes, rather than detracts from efficiency – holds valuable lessons for other countries that want…
Top 10 Election Litigation Cases in 2024 Implicating the Rule of Law
In this top ten list updated weekly, the most important of hundreds of election-law cases are ranked for their rule of law implications.