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.

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2,870 Articles

When Special Counsel Smith’s January 6th Trial Will Reach a Verdict: Analyzing the Alternative Timelines

Updated overview of potential timelines for the resolution of Donald Trump's appeal and trial in federal prosecution for January 6th.
A view of the Russian Central Bank headquarters in downtown Moscow on May 26, 2022. (Photo by NATALIA KOLESNIKOVA/AFP via Getty Images)

Transferring Russian Assets to Compensate Ukraine: Some Reflections on Countermeasures

There is no doubt that Russia owes compensation for the damage caused to Ukraine. But a key practical difficulty in achieving compensation for Ukraine and its people for the damage…
Various countries' flags in front of UN building and fence with UN symbol

National Security at the United Nations This Week (Feb. 26-Mar. 1)

Our weekly series on developments at the United Nations at the intersection of national security, human rights, and the rule of law.
Brazilian Justice and Public Security Minister Flavio Dino holds a replica of the 1988 Brazilian Constitution that was stolen from the Supreme Court after supporters of Brazil's far-right ex-president Jair Bolsonaro raided federal buildings, at the Ministry of Justice in Brasilia on January 13, 2023. Dino said he will deliver the replica to the President of the Supreme Court, Rosa Weber. (Photo by SERGIO LIMA/AFP via Getty Images)

Amid Courts’ Role in US Democracy Struggle, Look to Lessons from Abroad

Countries that maintained their democracies have had courts that rose to the occasion to safeguard a country’s constitution or rule of law.
Seen from an aerial view, immigrants walk along the U.S.-Mexico border wall

What Should Courts Do If a Future President Invokes the Alien Enemies Act to Deport Immigrants?

Congress can repeal the Alien Enemies Act to safeguard against Trump's threat to conduct mass deportations without hearings.
Minister of Foreign Affairs of Canada Melanie Joly speaks during the Eleventh Emergency Special Session of the General Assembly on Ukraine, at UN headquarters

Canada’s Special Economic Measures Act Under International Law

Alternatives to SEMA would ensure that Canada abides by international law in pushing back against Russia's violation of the U.N. Charter
Manhattan District Attorney Alvin Bragg speaks during a press conference

Manhattan DA Requests ‘Narrowly Tailored’ Gag Order on Trump Before March Trial

Manhattan DA Bragg asked a judge to impose a “narrowly tailored” gag order on Trump in his first criminal case expected to go to trial.
Rows of American flags in front of the U.S. Capitol building.

Book Excerpt: “Attack from Within: How Disinformation is Sabotaging America” by Barbara McQuade

Excerpted from "Attack from Within: How Disinformation is Sabotaging America" by Barbara McQuade, published by Seven Stories Press.
EU Building Lighted With Ukrainian Flag, Two EU Flags and One Ukrainian Flags in Front

Reparations for Ukraine: Three Proposals from Europe

Three European proposals seek to overcome or circumvent the key barrier to confiscation of Russian State-owned assets – the high level of immunity from enforcement that attaches…
Protesters hold up signs.

UN Fact-Finding Mission Should Recognize Gender Persecution in Iran

The 55th Session of the U.N. Human Rights Council should also include renewing the mandate of the fact-finding mission.
Various countries' flags in front of UN building and fence with UN symbol

National Security at the United Nations This Week (Feb. 19-Feb. 23)

Our weekly series on developments at the United Nations at the intersection of national security, human rights, and the rule of law.
Attorney General Letitia James speaks during a press conference

What to Expect Following Trump’s Civil Fraud Judgment: A Primer on the Appeals Process and More

Answering questions about appellate procedures and how former President Trump may try to stop or limit $450m civil fraud judgment.
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