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.
2,863 Articles
When Law Fails Women: Jirgas, Gender Violence, and the Collapse of International Accountability
When women are walked to their deaths with the world watching, international law must offer more than words. It must deliver protection with power.
Unlocking Justice: A Policy Roadmap for Victims of Spyware
To introduce accountability for cyberattacks, Congress should make it clear that U.S. courts are the right venue for spyware cases.
The APA Authorizes “Universal” Stays of Agency Action Under 5 U.S.C. § 705
For litigants seeking to move quickly against unlawful executive action, Section 705 of the Administrative Procedure Act should be a powerful tool.
Embracing the Purely Adjudicatory Administrative Agency: The Case for a Labor Court
The recent decision in SpaceX v. NLRB, finding the Board’s structure unconstitutional, heightens the urgency for those litigating like cases to reconsider their approach.
Discovery in U.S. Spyware Litigation: A Double-Edged Sword?
Despite its inherent risks, civil society and policymakers can learn how to benefit from the discovery process in spyware cases.
Taking Stock of the Birthright Citizenship Cases, Part II: Making Sense of the Three Established Exceptions
Analysis of the aftermath of Trump v CASA and the pending litigation about the Trump executive order on birthright citizenship.
Legal Frameworks for Addressing Spyware Harms
Introducing a new series on accountability for spyware harms convened by the Atlantic Council in partnership with Just Security.
Dissecting the Litigation: Where Trump Administration Actions Face Early Roadblocks or Traction
A snapshot of where litigation stands and how courts are ruling on challenges to the Trump administration's executive actions.
Brazil’s Digital Sovereignty Is Under Attack: How Courts, Platforms, and Constitutional Law Are Redefining Democracy Online
At the heart of Brazil’s approach to digital constitutionalism is a legal framework that treats platform governance as essential to democracy.
In Congress, a Welcome, and Well-Executed, Next Step to Stop Trump’s Transfers to Torture
Six new bills demanding that the executive branch provide basic information about deportations from U.S. shores should pass unanimously.
New and Improved Litigation Tracker: Legal Challenges to Trump Administration Actions
Announcing the increased functionality of the Litigation Tracker, which monitors all lawsuits against Trump administration executive actions.
The Freedom of Information Act and Deteriorating Federal Transparency Infrastructure
Weakening FOIA does not merely impair public knowledge — it also reduces the likelihood that abuses will be detected and deterred.