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
Salvadoran General Deemed Deportable In the Absence of Criminal Charges
UPDATE: Former Defense Minister of El Salvador, Vides Casanova, has been detained pending extradition. The Board of Immigration Appeals (BIA) ruled last week that General Carlos…
Collateral Effects of Secretary Clinton’s Nonofficial Email
On March 2, the New York Times reported that Hillary Clinton exclusively used a nongovernment email account during her tenure as Secretary of State. Last December, following a…
Deep Dive: The White House’s New Memo on Drones and Privacy
Last month, President Obama released a presidential memorandum on the domestic use of drones by federal agencies. The memorandum addresses the implications for privacy, civil rights,…
Wall Street Journal Grants Anonymity to al-Qaeda’s “First Easily Accessible Media Liaison”
The Wall Street Journal today quotes at length from al-Qaeda in the Arabian Peninsula’s (AQAP) “first easily accessible media liaison” and explicitly grants the source…
Why Wikipedia is Suing the NSA
This week, the Wikimedia Foundation, sued the NSA over surveillance efforts taking place on US soil, specifically the “upstream” collection of Internet data in an effort to…
Supreme Court Denies Cert in Samantar v. Yousuf
On Monday, the US Supreme Court denied certiorari in Samantar v. Yousuf, ending an attempt by the former Prime Minister of Somalia to claim that the torture and extrajudicial killing…
Wikimedia Sues the NSA
This morning, the organization behind Wikipedia, the Wikimedia Foundation, sued the NSA, the Office of the Director of National Intelligence, the Justice Department, and their…
Microsoft Case: The Government Responds, But Fails to Convince
The government has now filed its Second Circuit brief in the dispute with Microsoft (discussed here, here, and here), challenging key assertions by Microsoft and its many amici,…
US Government Makes Slight Concession in Twitter’s Warrant-Canary Suit
The US government last week conceded for the first time that some companies have the right to publish so called “warrant canaries” in a new filing supporting its partial motion…
A Terrorist Conspiracy Via Email
On April 3, 2009, Abid Naseer, a 22-year-old Pakistani student, sat in front of his computer in his Manchester, England, apartment and drafted an email to his al-Qaeda handler…
Case To Watch: Microsoft v. US on the Extraterritorial Reach of the Electronic Communications Privacy Act
On Monday, the government will be filing its brief in its case against Microsoft regarding the reach of the government’s warrant authority under the Electronic Communications…
End of War = End of Detention? Taliban detainee files renewed habeas petition
At year’s end, I examined here the possible legal significance of the President’s declaration on December 28 that “our combat mission in Afghanistan is ending,…