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.
3,030 Articles
European Court says Data Retention Directive is Invalid
Yesterday, the Grand Chamber of the Court of Justice of the European Union (CJEU) gave a compelling judgment in two joined cases: Case C-293/12 Digital Rights Ireland; Case C-594/12…
The al-Aulaqi Opinion and Fourth Amendment “Seizures”
Friday’s decision by Judge Collyer, in which she dismissed Bivens claims brought by the families of Anwar al-Aulaqi, his son Abdulrahman, and Samir Khan (arising out of their…
Detention After the AUMF
Hot off the presses comes the Fordham Law Review‘s print issue with the papers from last September’s symposium on “Citizenship, Immigration, and National Security…
Military Courts and Article III
For some time, I’ve been working on the larger implications of the jurisprudence arising from the Guantánamo military commissions and the Court of Appeals for the Armed…
GTMO Case to Watch in the Supreme Court [UPDATED]
The Supreme Court has relisted for conference three times a pending Guantánamo habeas petition, Hussain v. Obama, No. 13-638. The Court will consider the case for the fourth…
DOJ Pushes to Expand Hacking Abilities Against Cyber-Criminals
The Wall Street Journal reports that the Department of Justice is seeking increased authority to remotely search not only computers but also cloud based services to which those…
The Abu Ghaith Trial: How U.S. terrorism prosecutions are supposed to happen
Today’s conviction on all counts in the trial of Osama bin Laden’s son-in-law is the best response yet to critics like Senators Mitch McConnell and Lindsey Graham who claim…
Jury Reaches a Verdict in Abu Ghaith Trial
Breaking news this morning is that the jury has reached a verdict in the criminal trail of Sulaiman Abu Ghaith, convicting Osama bin Laden’s son-in-law and trusted advisor…
Conspiracy – A Quick Historical Survey
As the trial of Mr. Sulaiman Abu Gaith, the son-in-law of Osama bin Laden continues in New York in the United States District Court, we take this opportunity to provide a brief…
Huawei Hacking is a Security Scandal
You probably won’t be surprised to learn that people who are neither naïve nor who hate freedom can reasonably disagree with Edward Lucas and his post from this morning…
International Proscriptions on Mass Surveillance (or What’s Missing in the Greenwald vs. Wittes Debate)
[Editor’s Note: On Tuesday, Ben Wittes and Ashley Deeks over at Lawfare replied to the following post. And Ryan has since posted a rejoinder to Ben and Ashley.] This weekend’s…
The So-Called Huawei Scandal and the Snowden Operation
We should spy on China. And Russia. And Iran. And plenty of other countries too. They are our political, diplomatic and economic competitors and enemies. And they spy on us. If…