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
National Security Law and the Originalist Myth
Any genuine project of national security reform requires more than reviving a fictive eighteenth century of checks and balances. It instead entails treating foreign interventionism…
The NY Trump Civil Fraud Trial: From Tipping Point to Toppling Over
What to expect in the coming days and weeks, including the risk-rewards Trump faces in testifying.
Using AI to Comply With Book Bans Makes Those Laws More Dangerous
Using generative artificial intelligence tools to comply with book bans will only further threaten freedom of speech.
The U.N. Human Rights Council and the ICC Can Do More for Afghanistan
The United Nations Human Rights Council should create an independent investigative mechanism for Afghanistan.
Sackett v. EPA’s Aftermath and the Risk of Inflamed Western Water Conflict
Water insecurity and conflict in the drought-ridden west may spike in the Sackett v. EPA's deregulatory wake.
The Elephant in the Courtroom: ICC Temporal Jurisdiction Over the Situation in the Philippines
The International Criminal Court's split opinion in the Situation in the Philippines highlights the possibility that the question of temporal jurisdiction is far from over and…
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.
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.
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…
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 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…
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.