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.
3,030 Articles
A Crucial Moment for Persons with Disabilities: The Right to Community Inclusion vs. Institutionalization
The Inter-American Court on Human Rights (IACtHR) will hear arguments in a potentially transformative disability rights case for Guatemala, the Americas, and the world.
The Simplest Way for the Supreme Court to Rule in the USPS Mail Ballots Case
Marty Lederman outlines the easiest and most straightforward way for SCOTUS to decide the USPS mail-in ballot case
What OLC’s Latest Opinion Means for Congressional Oversight of the Private Sector
Unpacking the Office of Legal Counsel opinion concluding that executive privilege may apply to presidential communications with private advisers.
Cities as Nodes of Resistance
Over 175 years later, cities’ historic role as hubs of resistance takes on renewed resonance in today’s era of rising authoritarianism in the United States.
The Case for a German Structural Investigation into Crimes against Humanity in Iran
Experts argue that Germany should open a structural investigation into Iran's December 2025 and January 2026 crackdown on protesters.
What the Presumption of Regularity’s Erosion Means for Challenges to Executive Action
The erosion of the presumption of regularity presents opportunities to those challenging the Trump administration’s agenda in court.
U.S. Supreme Court’s Rejection of the “Presumption of Regularity”
Trump v. Cook marked a significant break from the traditional judicial deference known as the "presumption of regularity."
Collateral Accountability: The Oldest Check on Federal Lawlessness
As a federal-level accountability desert forms, states are reviving "collateral accountability" — damages suits against federal officers who violate constitutional rights.
A Sentence in Damascus and An Accused in Moscow: The Limits of Syria’s First Attempt at Accountability
Bashar Al-Assad's in absentia conviction represents a milestone in Syria's justice system, but the trial was plagued by glaring problems.
Sword of the People: The Power of Grand Juries to Investigate Administration Corruption
The untold power of regular grand juries and special grand juries to independently conduct investigations and issue reports when federal prosecutors won't.
Commandeering, Coercion, and Executive Power
States have constitutional protections against commandeering and coercion — but face a new challenge when the federal government sidelines states completely.
The U.S. Government Must Preserve the Soft Power of Its Sanctions
To maintain sanctions' effectiveness as a tool, governments should strive to implement them with clarity, consistency, and credibility.