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
‘Election Fraud, Pure and Simple’: Trump’s Prosecutors Move Beyond Stormy Daniels in Wide-Lens Trial Opening
Prosecutors widen the aperture on the historic case against former President Trump through a sweeping narrative about election influence that went beyond any single hush-money…
History Shows the Supreme Court Knows How to Move Quickly, as it Should With the Trump Immunity Case
History shows the Supreme Court can come to a decision soon after oral arguments. It must do so on the question of presidential immunity.
Questions the Supreme Court Should Ask at Thursday’s Oral Argument on Presidential Immunity
"We suggest questions that Justices might ask the parties at oral argument, questions that can help clarify key issues at hand and force the parties to set out their reasoning."
Critical UN Move: Draft Resolution Confronts Genocide Denial in the Balkans
A pending General Assembly vote on an annual global commemoration of the Srebrenica Genocide is spurring vociferous debate.
Where do States Stand on Official Immunity Under International Law?
There is now a clear majority of support for draft Article 7, at least to the extent that it provides for the inapplicability of functional immunity to the crimes of genocide,…
The Just Security Podcast: United States v. Trump: Presidential Immunity from Criminal Conduct
NYU School of Law hosted an expert panel to discuss whether a former President is immune from criminal prosecution for official acts committed while in office.
Unpacking the FISA Section 702 Reauthorization Bill
The FISA reauthorization bill has something to interest everyone from addressing the use of U.S. person query terms to formalizing oversight.
Trump’s Challenge to Democracy Through the Lens of Transitional Justice
The United States could use transitional justice tools to create a shared understanding of anti-democratic events and move forward with accountability.
41 Star Witnesses and Bit Players in Trump’s NY Criminal Trial
The list of potential witnesses read during jury selection for Trump's criminal trial in New York could indicate the direction of the case.
Arms Transfers to Israel: Knowledge and Risk of Violations of International Law
About the legal assessment States providing material support to Israel in the form of arms must undertake.
At the Supreme Court, Public Corruption Jurisprudence and Lack of Meaningful Ethics Reform Go Hand-in-Hand
By strengthening U.S. public corruption laws to prevent government officials from abusing their public offices for private gain, Congress can help restore public trust in all three…
Trump’s Forbidden Legal Strategy: What New York Law Won’t Let the Jury Do
On the illegal option of jury nullification.