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
A local law enforcement official on a bike drives past the entrance to Mar-A Lago. Palm trees surround the area.

Myths & Misunderstandings Relating to Mar-a-Lago Documents Investigation

Five myths broken down by J. William Leonard who, in government service, was responsible for the oversight of classified information for the entire executive branch.
Pile of stickers with text "I Voted" and US flag image

Independent State Legislatures and Presidential Elections: Addressing Misconceptions About Current Law and Prospects for Reform

An expert explainer of the independent state legislature theory, the Electoral Count Act and proposals for reform, and the relationship -- and differences -- between the two.
Former director of CIA and former commander of U.S. Forces in Afghanistan Gen. David Petraeus gives a speech in front of a federal courthouse. News microphones surround him.

Lessons from Petraeus’s Guilty Plea for Trump’s Classified Docs Investigation

In the retired general's case, the FBI executed a search warrant at his home and seized notebooks allegedly containing classified material.
A photo of a white male police officer wearing sunglasses and police uniform, standing next to two vehicles in front of the ornate tan and gold gates of Mar-a-Lago, with an American flag flying to the left of the gates. Palm trees wave in the background against a stormy sky.

Expert Backgrounder: Criminal Statutes that Could Apply to Trump’s Retention of Government Documents

The DOJ obtained a search warrant for Mar-a-Lago. What underlying crimes might have justified the search? Experts survey the possibilities.
Ian James Mwai (R), 23, browses social media platforms on his mobile phone with a member of his outfit of social media influencers at an office in Thika town, central Kenya on April 26, 2022. He was in the vanguard of the growing ranks of influencers feverishly punching keyboards and hoping to tilt the outcome of the country's high-stakes elections, being conducted today, Aug. 9. The rising dominance of apps like Twitter and Facebook has opened a new front in Kenyan politics, with candidates desperate to draw the attention of the country's 12 million social media users.

Banning Content Platforms is Not a Solution to Hate Speech on the Internet, Even When the Platform is Meta

Governments should recognize that pulling the plug on the internet – or on an entire social media platform – is not a viable solution to the spread of hate speech or misinformation…
Members of the DC National Guard are deployed outside of the US Capitol in Washington DC on January 6, 2021. - Donald Trump's supporters stormed a session of Congress held today, January 6, to certify Joe Biden's election win, triggering unprecedented chaos and violence at the heart of American democracy and accusations the president was attempting a coup.

The Biden Administration’s Senseless Opposition to Congress’s Effort to Prevent Abusive National Guard Deployments

Section 516 of the NDAA is a commonsense reform that would prevent a president from borrowing the National Guard of a political ally to use it as a domestic police force in an…
WASHINGTON, DC - JUNE 25: Red paint splattered by abortion rights activists is seen on the sidewalk in front of the U.S. Supreme Court on June 25, 2022 in Washington, DC. The Supreme Court's decision in Dobbs v Jackson Women's Health overturned the landmark 50-year-old Roe v Wade case and erased a federal right to an abortion. (Photo by Anna Moneymaker/Getty Images)

Retrenchment of the Federal Right to Abortion: How Dobbs Threatens National Security

The Dobbs decision has broad national security implications, increasing the risk of political violence and damaging US standing in the world.
Tunisian protesters carry signs on July 22, 2022, during a demonstration along Habib Bourguiba avenue in the capital Tunis, against their president and the upcoming July 25 constitutional referendum.

Tunisians, Fed Up With `Non-Delivering Democracy,’ Set to Vote on Retrograde Constitution: Civil Society’s Role

A civic leader says the coming referendum reflects the frustration of citizens who want a democratic system but need economic prosperity too.
A Rohingya refugee child carries water to her temporary shelter days after a fire burnt their home at a refugee camp in Ukhia, in the southeastern Cox's Bazar district on March 25, 2021. (Photo by Munir Uz zaman / AFP) (Photo by MUNIR UZ ZAMAN/AFP via Getty Images)

Next Steps on the Road to Accountability and Security for Rohingya Refugees

The path forward for Rohingya refugees is complicated, but not impossible. A community leader outlines what's needed: humanitarian aid, international justice, and resettlement…
A compilation of images pertaining to the January 6th House Select Committee.

Highlights from the Criminal Evidence Tracker’s Reports on Seven Hearings by the January 6th Committee

A compendium of what each major witness said during the January 6th Hearings of relevance to two federal crimes and one state (Georgia) crime.
Trump speaks to supporters from The Ellipse near the White House on January 6, 2021, in Washington, D.C.

8 Top Experts on Strength of Dominion Suing Trump for Defamation, If It Wants To

"Almost every expert said a defamation suit brought by Dominion against Trump would be very strong."
Image: A group of about 12 men, all wearing white cowboy hats, sit around a conference table. Texas Governor Greg Abbott sits at the end of the table, speaking, in front of the seal of the state of Texas and flanked by American and Texas flags. AUSTIN, TX - JULY 10: Texas Gov. Greg Abbott speaks during a border security briefing with sheriffs from border communities at the Texas State Capitol on July 10, 2021 in Austin, Texas. (Photo by Tamir Kalifa/Getty Images)

The Biden Administration’s Options for Responding to Abbott’s Unconstitutional Border Enforcement Executive Order

The Texas governor has invoked war powers to respond to migrant arrivals at the border - potentially usurping federal prerogatives.
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