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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2,863 Articles
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.
White supremacists attack counter protestors in Charlottesville, Virginia during their "Unite the Right" rally on August 12, 2017.

Amid Robert Rundo’s Extradition, the White Supremacist Active Clubs Network Remains a Threat

The decentralized white supremacist "active clubs" movement won't be halted by Robert Rundo's extradition and potential prison time.
Judges sit at a conference table behind a sign that reads "Tribunal Supremo Electoral" (Supreme Electoral Tribunal)

Landslide Victory by Guatemala’s Social Democrats Spurs Furious Backlash

The joy of Arévalo’s victory across Guatemala is now tempered by the knowledge that continued threats of violence and rogue prosecutions will continue, with the ever-present…
The empty courtroom of the Commissions building where on Tuesday preliminary hearings will begin for four detainees held on the Naval Base is seen August 22, 2004 in Guantanamo, Cuba. Six flags stand at the front of the room.

9/11 Family Members Can Get Answers through Plea Agreements, Not a Trial

The impending 22nd anniversary of our loved ones’ deaths is a truly fitting occasion to end the failed 9/11 military commission, answer our questions, and assure us of judicial…
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