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.
3,157 Articles
The Military, the Mexican Border and Posse Comitatus: Four Key Takeaways
The four core legal issues to watch as a “militarized border” implementation plan develops. Written by former Navy commander, serving as a tactical jet aviator and attorney…
Just Security Podcast: The White House’s “Pardon Dangle” and Obstruction of Justice
News that White House lawyer John Dowd broached the possibility of pardoning Paul Manafort and Michael Flynn has prompted many experts to question whether Dowd could face charges.…
House Intel Committee Findings Contradict Kushner’s Testimony
An overlooked nugget in the the House Intelligence Committee's final findings. The Committee says Jared Kushner expected to get derogatory information on Clinton from Russian sources…
Zero Shades of Grey: Russian-Ops Violate International Law
A lot more is known since January 2017 when I wrote a piece for Just Security arguing that the Russian interference in the 2016 U.S. election should be interpreted as a violation…
Why Dangling a Pardon Could Be an Obstruction of Justice—Even if the Pardon Power is Absolute
According to the New York Times and Washington Post, Donald Trump's personal lawyer may have offered a pardon to Paul Manafort and Michael Flynn to get them to avoid cooperating…
Cambridge Analytica and Its Foreign National Staff Violated U.S. Laws
The nonpartisan group Common Cause has filed complaints against Cambridge Analytica before the Federal Election Commission and the Justice Department for allegedly unlawful involvement…
It’s Not a Filter Bubble. It’s a Filter Shroud
The filter bubble is floating in hot water these days. “Your filter bubble is destroying democracy,” Wired tells us. Bill Gates says filter bubbles are “super important”…
Somewhat Improved, the CLOUD Act Still Poses a Threat to Privacy and Human Rights
Above: President Donald Trump gestures to the $1.3 trillion spending bill passed by Congress early Friday. The president just signed a 2,232 page omnibus bill to fund the government…
Congress Should Place More Limits on Cellphone Location Tracking After Carpenter
This spring, the United States Supreme Court will issue a ruling in the landmark case of Carpenter v. United States, deciding whether the government requires a warrant to continuously…
How Reconciliation in Iraq Could Stop Collective Punishment
Policymakers in Iraq, and in countries supporting its government, are debating what kind of reconciliation efforts are needed post-ISIS. Meanwhile, without fanfare, the town of…
Privacy and Civil Liberties under the CLOUD Act: A Response
[Cross-Posted at Lawfare] In a post last week, Neema Singh Guliani of the ACLU and Naureen Shah of Amnesty International disagreed with our earlier arguments as to “Why the CLOUD…
Did Cambridge Analytica Leverage Russian Disinformation for Trump?
The FBI investigation into Russian election interference already includes exploration of how far-right media outlets propelled Russian disinformation. What role did Cambridge Analytica…