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.
2,853 Articles
EU Law Meets a U.S. Army Deserter
A German Court considering the appeal of a U.S. soldier Andre Shepherd who sought asylum in Germany after deserting his Iraq bound unit in 2007, has made a preliminary reference…
Are Internet Backbone Pen Registers Constitutional?
Between Edward Snowden’s ongoing leaks and a series of frankly unprecedented disclosures by the government itself, the public now knows quite a bit about the NSA’s…
Debate: Metadata and the Fourth Amendment – A Reply to Jennifer Granick
This post is the second in a series from Just Security‘s Jennifer Granick and Guest Author Orin Kerr debating the constitutionality of the NSA’s telephony metadata…
The Deeper Lesson from Terrorist Expatriation Proposals
[Note: The following post is derived from remarks prepared for last Friday’s symposium on “Citizenship, Immigration and National Security After 9/11,” sponsored by the Fordham…
Debate: Metadata and the Fourth Amendment
This post is the first in a series of posts from Just Security‘s Jennifer Granick and Guest Author Orin Kerr debating the constitutionality of the NSA’s telephony metadata…
Flip Flops?: The Conflict with Al Qaeda Is (Not) a War
Following the September 11 attacks in 2001, President George W. Bush justified several military actions on the ground that the United States was now in an armed conflict with Al…
Five Myths in the Debate about Cyber War
Between 2009 and 2013, a group of 20 public international law scholars and practitioners drafted the recently released Tallinn Manual on the International Law Applicable to Cyber…
Time to Retire the Military Commissions
Last Monday morning, as a military judge read each of the men accused of plotting the 9/11 terrorist attacks their rights to attend the hearings in their case, two of them objected.…
Westgate, al Shabaab, and the AUMF
As we continue to learn more details about the horrendous attack on the Westgate Mall in Kenya—with dozens dead and hundreds wounded—Kenyan President Uhuru Kenyatta has pleaded…