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.
2,932 Articles
In Viral Video Cases, Does Hate Make the Crime?
Within the context of a law enforcement investigation, if a defendant’s contemporaneous hate speech is the cart, then a suspected crime is the horse. You need both to make a…
The Office of Legal Counsel Discloses List of Classified Opinions in Important Step for Transparency
The disclosure of the titles means that journalists, researchers, and others can now request the Office of Legal Counsel opinions themselves, opening important new avenues for…
In Defense of Gaza’s Hospitals and Health Workers
All reports of hospital attacks and misuse of hospitals must be investigated and those responsible held accountable. In the meantime, urgent action is needed to ensure that more…
The Military Justice Provisions of the National Defense Authorization Act for Fiscal Year 2024: Better Late Than Never
Top expert on military justice explains key new provisions in law Congress just passed, and what's missing. National Defense Authorization Act of 2024 (NDAA).
Two Supreme Court Cases Could Shape the Future of AI and Content Moderation
The Supreme Court’s decision in the social media cases will shape the kinds of arguments that labs can make against AI regulations.
Initial Lessons from the Rocha Case: The United States Must Remain Alert for Foreign Intelligence Threats
Prosecutors accuse Rocha of serving as a covert operative of Cuba during a multi-decade career with access to the nation’s secrets.
The Biden Impeachment Inquiry: A Heedless Descent into Constitutional Anarchy
House Republicans are embracing a world where every presidency and every congress is consumed by impeachment.
Ex-President’s Release Raises a Red Flag on Peru’s Democracy
Fujimori, serving 25 years for death squad massacres, walked out of prison as corrupt networks again coopt democratic institutions.
Poland’s New Government Will Face Hurdles to Restore Rule of Law and Judicial Independence
In addition to reversing the previous ruling party's damage, changes should reinforce the longevity of vital institutions going forward.
Michigan False Electors Prosecution Faces A Court Test
Assessment of ongoing criminal case against Michigan false electors in 2020 presidential election, based on all the publicly available evidence and state law.
The GSRA Would Undermine the Utility of FISA Section 702
The Government Surveillance Reform Act proposes that Section 702 be renewed, but it also mandates a host of changes that impair the agility of Section 702 as an intelligence tool.
How DOJ’s New Reveal – Trump Agent’s Effort to Cause Violence to Stop Vote Count – Matches Trump Election Lie About Detroit
Special Counsel Jack Smith's new court filing reveals more evidence about how Trump's lies caused the January 6th attack on the U.S. Capitol.