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
The Unreal Secrecy About Drone Killings
Last year, after concluding that many passages in the document “no longer merited secrecy,” the Second Circuit published a redacted version of the Justice Department’s July…
Talking About Section 215: A Readers’ Guide
Media coverage of John Oliver’s critique about the lack of discussion surrounding government surveillance programs seems to prove his point. Much, if not most, of the attention…
A Proper Response to the Massacre at Kenya’s Garissa University College
The magnitude of last week’s massacre at Garissa University College in Kenya, located roughly 100 miles from the Somalia border, is shocking. In the course of the day, the death…
When Does Int’l Humanitarian Law Call for Releasing Prisoners in Armed Conflicts
On March 30, lawyers representing five Afghan detainees at Guantanamo Bay asked President Obama and four senior administration officials to release their clients on the grounds…
How a Case of Stolen Corn Seeds Shows the Problem with the FISA Court
As collateral challenges to the mass surveillance programs disclosed by Edward Snowden like US v. Moalin, US v. Muhtorov, and US v. Mohamud are winding their way through the courts,…
Court Denies FOIA Request for Panetta Review on CIA Torture
U.S. District Court Judge James Boasberg today said that the CIA is not obligated to release the Panetta Review, an internal review of the CIA’s torture program that was heavily…
The Provision of Means: Dual Use Goods & Corporate Liability
This is Part III of a series on the Doe v. Cisco case pending in the Northern District of California and involving claims that Cisco should be liable for aiding and abetting the…
Wikimedia v. NSA: Standing and the Fight for Free Speech and Privacy
On March 10, 2015, represented by the ACLU, the Wikimedia Foundation and eight co-plaintiffs filed suit against the NSA, the Justice Department, and others, over the mass search…
Diplomatic Assurances, Torture, and Judicial Review:
The Bimenyimana Appeal
Later this year, the U.S. Court of Appeals for the Fourth Circuit will hear argument in one of the more quietly important torture cases to come before the federal courts in the…
Ninth Circuit Grants En Banc Rehearing in Posse Comitatus / Unlawful Surveillance Case
Back in September, I wrote about the Ninth Circuit’s fascinating decision in United States v. Dreyer, which applied the exclusionary rule to suppress evidence obtained…
The Right Way to Share Information and Improve Cybersecurity
This year is turning out to be a banner one for flawed proposals that would allow businesses to share information about Americans’ online activity with the Department of Homeland…
Doe v. Cisco: The Legal Issues
Part 1 of this post introduced a set of cases against Cisco Systems, which has been sued for being complicit in the design and implementation of China’s Golden Shield surveillance…