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.
2,869 Articles
There is No Immunity for the International Criminal Court to Respect
The International Criminal Court (ICC)’s caselaw on immunity is entirely consistent with international law.
Enabling a Thriving Middleware Market
For middleware to flourish, policymakers must align market incentives, address regulatory barriers, and encourage platform cooperation.
Unpacking the Voice of America Litigation
Recent rulings by federal judges provide templates for opposing the destruction of congressionally-created agencies like the Voice of America.
No, the President Cannot Issue Bills of Attainder
Trump orders functioning as bills of attainder are prohibited by the Constitution and repugnant to its separation of powers.
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.
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 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.
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.
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…
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…
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.
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.