Democracy & Rule of Law

Just Security’s expert authors provide analysis on threats and challenges to democracy and the rule of law in the United States and globally. Coverage includes analysis of the separation of powers, good governance, democratic backsliding, authoritarianism, judicial independence, freedom of the press and association, and accountability for rule of law violations.

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3,363 Articles

Jan 6 Select Committee and Social Media Companies: 10 Key Pieces of Information to Subpoena

The Select Committee should request—better yet, subpoena—the following information from social media companies including Facebook, YouTube, Twitter, Parler, and TikTok.
Mo Brooks talks at a podium with the sign “Save America.” He wears a hat that reads, “Fire Pelosi.” American flags stand on either side of him.

Expert Backgrounder: The Westfall Act and Representative Brooks’s Speech

Professor Paul Figley, who served as Deputy Director in Torts Branch of Justice Department's Civil Division for fifteen years, explains the legal framework for Swalwell v. Brooks,…
Paper silhouettes of faces overlap one another. All except one are various shades of light grey. The one exception is in red and includes a whistle in the face’s mouth.

Know Your Rights: Whistleblowers and the January 6th Select Committee

"Existing laws have facilitated some of the most important testimony for congressional investigators in recent times."
Designated Prime Minister Ariel Henry speaks during a ceremony at La Primature in Port-au-Prince, Haiti, on July 20, 2021.

Wrong US Call — Haiti Needs a Credible Transitional Government

The Biden administration can still support a successful move to a credible civil society-brokered transitional government in several ways.
Israeli President Reuven Rivlin sits next to Israeli Prime Minster Naftali Bennett and Foreign Minister Yair Lapid as they pose for a group photo with minsters of the new Israeli government on June 14, 2021 in Jerusalem, Israel.

As Israeli Leader Bennett Prepares to Visit the White House, Biden’s Message Might Prove Formative

Early actions of Israel's coalition government suggest a marked departure from the era of Benjamin Netanyahu.
A phone showing app icons for WeChat and TikTok. An American flag and Chinese flag are in the background behind the phone.

Balancing Reality and Fear: Why An Alarmist Take on Chinese Influence Operations Is Counterproductive

Five specific reasons not to exaggerate the threat of Chinese cyber influence operations.
Ships from countries participating in exercise Sea Breeze 2018 sail in formation during a photo exercise in the Black Sea, July 13.

Montreux Convention, at 85, Needs Tending for US-NATO-Russia Security and Stability

It would be self-defeating if allies where to push back on Russian challenges to the rules-based order by undermining a rare example of it.
A long list blown up in poster size of "public complaints" against Facebook policies, including the social media giant's political stances, data security lapses, politicization, privacy violations and misinformation, is taped to the outside of their office building during a protest led by the organization Public Citizen in Washington, DC, May 25, 2021.

Facebook’s New Dangerous Individuals and Organizations Policy Brings More Questions Than Answers

The company has responded to criticism with clarifications and revisions, but the rules require a fundamental rethink.
Sviatlana Tsikhanouskaya, Belarusian human rights activist and politician who ran for the 2020 Belarusian presidential election, delivers a speech during the Sakharov in the European Parliament on December 16, 2020 in Brussels, Belgium. Sviatlana stands at a podium in front of a sign reading, “The democratic opposition in Belarus.”

Can Belarus Be Free? Yes, But the West Will Need to Show More Resolve – and Less Fear of Putin

Lukashenka is escalating his repression, defying the West, even as democratically elected leader Sviatlana Tsikhanouskaya visit Washington.
Mo Brooks talks at a podium with the sign “Save America” and gestures into the air. American flags stand on either side of him. He wears a red hat that says, “Fire Pelosi”

Swalwell v. Trump and the Legitimate Scope of Federal Employment

Expert who wrote that case law favors Trump in getting DOJ legal shield in E Jean Carroll case, writes why that doesn't apply in Jan. 6 lawsuits.
A cylindrical cipher device.

Encryption Originalism

Encryption originalism views strong encryption as the modern reemergence of Founding Era practice of employing—often unbreakable—ciphers.
Supporters of Zhou Xiaoxuan, a feminist figure who rose to prominence during China’s #MeToo movement two years ago, display posters as they wait for Zhou outside the Haidian District Peoples Court in Beijing on December 2, 2020, in a sexual harassment case against one of China's best-known television hosts.

Feminist Foreign Policy: One Path Forward in U.S.-China Relations

The Biden-Harris administration can elevate the role of feminist organizations in China and the voices of women in both countries.
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