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.
2,932 Articles
Solidarity Needed Amid Stranglehold on Belarusian Lawyers
Belarusian lawyers face severe threats under a near-total State-controlled legal system with hundreds disbarred or exiled simply for doing their jobs.
Connecting the Dots: Trump’s Tightening Grip on Press Freedom
The president and his allies are leading an effort to eviscerate the free press and construct an information ecosystem favorable to his views.
A Step in the Right Direction for Prepublication Review
A recent clarification could help former government employees who once held security clearances publicly write and speak more freely.
The Most Indefensible Aspects of DOJ’s Briefs in the Birthright Citizenship Cases
Updated to account for reply briefs and Feb. 5 judicial opinion issuing a nationwide preliminary injunction
The Just Security Podcast: ‘The National Security Constitution in the 21st Century’ Book Talk
Harold Hongju Koh joins the podcast to discuss his most recent book, 'The National Security Constitution in the 21st Century'
What Happens After the Most Powerful Media Institutions Keep Surrendering to Trump
U.S. media institutions are abandoning their own First Amendment rights by settling lawsuits with Trump, writes Jaffer for the New York Times.
Nine Experts on the Impact of President Trump’s Pardons and Commutations for January 6 Offenders
We asked nine experts about what clemencies might herald for the future of the rule of law, political violence, and extremism.
Some Reforms to Consider as the Uniform Code of Military Justice Turns 75 This Spring
The UCMJ's 75-year mark is an auspicious time to consider reforms that would dramatically alter the system President Truman signed into law.
Confronting Challenges to the Prosecution of Enforced Disappearances Before Domestic Courts
Addressing widespread impunity and various failed efforts to establish criminal responsibility for enforced disappearance.
Italy, Libya, and the Failure of State Cooperation with the International Criminal Court in the Elmasry Arrest Case
The decision to release Osama Elmasry Njeem and fly him back to Libya immediately drew widespread outrage in Italy and beyond.
The Real Reason Trump’s Purge of Career DOJ Officials Should Alarm You
Senate Judiciary Committee and Department of Justice alum maps out the threat posed to 2028 election by President Trump's personnel moves inside the Department of Justice.
Beware the “Deferred Resignation” Offer: A Legally Dubious Proposal for Federal Employees
The deferred resignation proposal sent to federal workers is fraught with practical and legal issues that present uncertainty for employees.