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
Introduction to Just Security’s Series on Executive Order 9066, 80 Years After Signing
A collection of Just Security essays reflect on national security policy past and present, 80 years after Order that led to mass incarceration of Japanese Americans.
A Transitional Period Constitutional Question in Sudan
Sudan's military derailed a transition to civilian control in October. The former Minister of Justice takes a deep dive into the legal ambiguity in key founding documents that…
Denezpi v. U.S.: Double Jeopardy, Dual Sovereignty, and Tribal Courts
A Supreme Court case about C.F.R. Courts turns on source of courts' power.
Foreign Policy and Legal Implications of the Belarus Aircraft Piracy Indictment
What SDNY's speaking indictment of Belarusan officials with conspiracy to commit aircraft piracy for allegedly engineering the diversion of a Ryanair flight in order to arrest…
How the U.S. Government Built the Largest System of Prior Restraint in U.S. History
Prepublication review has ballooned since 1980 Supreme Court decision in Snepp v. U.S.
La France n’est pas un havre de paix pour les auteurs de violations des droits de l’homme, malgré l’avis de la Haute Cour
This article is also available in English here. Traduction fournie par l’auteur Un avis retentissant rendu par la plus haute juridiction française a semé le doute sur…
Mexico v. Smith & Wesson: High-Stakes Gun Suit May Turn on Choice-of-Law Analysis
A U.S. district court will decide whether Mexico's suit against gun manufacturers is allowed to proceed.
Foreign Disinformation: What the US Government Can Start Doing Now
Two recent commissions, while diagnosing the challenge differently, reached some similar conclusions on steps to take.
Alexander Vindman’s Lawsuit Is Right on the Law
“The two of us—respectively, a law professor with expertise in the Klan Act and a law professor with expertise in the First Amendment—conclude that Vindman has asserted claims…
Biden’s Guantanamo Politics are not Obama’s
To the extent that political concerns with moving aggressively toward Guantanamo closure were at one time persuasive among some executive branch officials, they shouldn’t be…
From ‘8888’ to ‘2121’: A New Generation of Resistance in Myanmar
The attempted coup one year ago ushered in a new era for Myanmar. Where will it lead?
Penobscot v. Frey: A Chance to Correct Course on Sovereignty Jurisprudence
Native nations' sovereignty and security intersect with U.S. courts' approach to treaty substitutes.