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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2,854 Articles
The U.S. Capitol Building against a sunset

Concealing Surveillance: The Government’s Disappearing Section 702 Notices

The impending sunset of FISA Section 702 gives Congress an opportunity to examine how it is working in practice and ensure sweeping reform.
Zelenskyy is dressed in a green shirt and stands at a podium with the United Nations seal in gold appearing on it. There is a green wall behind him.

The Fate of Justice in Russia-Ukraine Peace Talks

It is not too soon to consider the role of accountability, particularly criminal accountability, in peace talks between Russia and Ukraine.
The U.S. Capitol in Washington, D.C.

Questions for Congress to Ask the Biden Administration at the AUMF Hearing

Congress should seek to determine how the executive branch interprets and relies on the 2001 AUMF and where the administration stands on proposed reforms that have been widely…
The U.S. Supreme Court Court in Washington, D.C., U.S.

Resolving Carpenter’s Third-Party Paradox (Part II – The Solution)

Part II of a series discussing the digital-privacy paradox emerging from a Fourth Amendment revolution in Carpenter v. United States.
The title of the episode with sound waves behind it.

The Just Security Podcast: A Fourth Amendment Privacy Paradox

The third-party paradox has massive implications for privacy rights and raises important questions about how to challenge the government’s request for information that might…
The U.S. Supreme Court Court in Washington, D.C., U.S.

Resolving Carpenter’s Third-Party Paradox (Part I – The Paradox)

Part I of a series discussing the digital-privacy paradox emerging from a Fourth Amendment revolution in Carpenter v. United States.
A boy holds a smartphone with the TikTok app displayed.

A Leading Privacy and Security Expert has Explained Why Banning TikTok is Ineffective, Unnecessary, and Counterproductive

Bruce Schneier filed a declaration in support of a Knight Institute complaint against Texas' ban on TikTok for public university employees.
Ukrainian President Volodymyr Zelensky and Secretary-General of the United Nations Antonio Guterres shake hands in front of the U.N. and Ukrainian flags

Making Counter-Hegemonic International Law: Should A Special Tribunal for Aggression be International or Hybrid?

The increasingly polarized debate over the tribunal’s institutional design – international or hybrid – goes to the heart, and core purpose, of international criminal justice,…
Close shot of Eli Rosenbaum

How to Get Away With Crimes Against Humanity: The Statutory Gap in US Law

Congress can bring justice for victims of crimes against humanity by passing a statute with universal jurisdiction.
Hall of delegates at the United Nations

Gender Persecution: Addressing Rights Violations through International Criminal Law

The International Criminal Court's policy on gender persecution covers a wide range of rights under international law.
Gavel with American flag in background

A Letter to Kenneth Chesebro on Pleading Guilty

An assessment of Kenneth Chesebro's current legal situation and a recommendation for him to plead guilty to the Georgia charges.
Judge gavel with american flag on wooden table

The Best Defense: How Attorneys Advise Clients Through the Mental Process of a Plea Bargain

An expert attorney's advice on what circumstances he would advise a client to consider pleading guilty, in light of the Trump indictments.
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