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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2,853 Articles
The photo shows the cart headed toward the camera, against a backdrop of war-ravaged buildings.

New Israeli Guidelines Threaten to Eliminate Humanitarian Action in the Occupied Palestinian Territory Almost Entirely

A revised registration process for international NGOs aiding Palestinians creates a chilling effect against criticism and accountability.
Abstract image of human eye with retinal circuit on a black background.

The Dangerous Foreign Intelligence Exception Loophole in the Hasbajrami Decision

The Hasbajrami decision’s expansive view of the FISA foreign intelligence exception threatens to swallow the rule that the Fourth Amendment's warrant requirement applies to U.S.…
Bosnian Muslims carry caskets containing remains of 66 bodies, during a mass burial ceremony in the Eastern Bosnian town of Visegrad

Bosnian Serb Separatist Leader’s Defiance of Arrest Warrant Stirs Wartime Memories

A war survivor says the response to Dodik's separatism must be firm and unequivocal for the sake of regional and European security.
(L) US vice president JD Vance speaks during the 61st Munich Security Conference on February 14, 2025 in Munich, Germany (R) President of the European Commission Ursula von der Leyen speaks during a plenary session at the Artificial Intelligence

Truth and Consequences: The Post-Election Regulatory Landscape for Big Tech

After recent elections, deregulatory winds are blowing on both sides of the Atlantic when it comes to platform governance and Big Tech.
A cherry tree in bloom near the U.S. Supreme Court in Washington, D.C., U.S. Photographer: Sarah Silbiger/Bloomberg

Remarkable Things in the Government’s Alien Enemies Act Briefs to the Supreme Court

The Acting Solicitor General's briefs "fall considerably short of the historical standards for quality and forthrightness that typify briefs that the Office of the Solicitor General…
Social media restrictions and suppression of speech as censorship to censor opinions and thought in a 3D illustration style.

Regulated Democracy and Regulated Speech

Lawmakers are right to worry about platforms’ power over public discourse and democracy. But legislative responses too often seek to empower the government to set new rules for…
IMAGE: (L) Abstract chat icons over a digital surface (via Getty Images); (M) Visualization of an online network (via Getty Images); (R) Popular social media apps on an Apple iPhone (via Getty Images).

Regulating Social Media Platforms: Government, Speech, and the Law

Launching a new series with leading experts on regulating the information environment, co-organized by NYU Stern Center for Business and Human Rights and Tech Policy Press.
A phone screen displays a video featuring an AI-generated avatar depicting a TV news anchor on a fictional Venezuelan newscast

When AI Fuels Atrocities — And How It Can Help Prevent Them

Generative AI can fuel new forms of manipulation, but also holds promise for mitigating atrocities and enabling early detection.
A woman with a white scarf over her head, in profile.

Why Guidance is Needed on Open-Source Investigations into Sexual Violence

Guidance on how to conduct digital investigations into sexual violence remains underdeveloped, leaving a dangerous gap.
The departure statement in the Wong Kim Ark case, on yellowed paper.

特朗普政府重塑《第十四修正案》 ——《黄金德案》并未限制出生公民权

To retcon Wong Kim Ark’s parents as the equivalent of current day green card holders is both legally and historically mistaken.
The departure statement in the Wong Kim Ark case, on yellowed paper.

The Trump Administration’s 14th Amendment Retcon: ‘Wong Kim Ark’ Does Not Limit Birthright Citizenship

To retcon Wong Kim Ark’s parents as the equivalent of current day green card holders is both legally and historically mistaken.
U.S. Rep. Kat Cammack (R-FL) speaks on the REINS Act on the left of the screen. Poster with REINS Act on the right of the screen.

Why the REINS Act’s Approach to Regulatory Reform Is So Problematic

The REINS Act would hamper agencies’ ability to carry out their statutory duties and protect the public.
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