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.
3,333 Articles
Mueller’s Uphill Battle: Obstruction Law and the Comey Firing
Did the president commit a violation of federal criminal law when he fired the FBI director? Many commentators assume that the president has violated one of several criminal statutes…
Just Security Podcast: New Manafort, Gates Indictments Bring Mueller Investigation Ever Closer to Trump Inner Circle
Special Counsel Robert Mueller filed a host of new charges this week against former Trump advisers Paul Manafort and Rick Gates (pictured above). The charges, some of which are…
Can “Fake News” be stopped?
The David Hogg conspiracy theory highlights the speed at which false information spreads on social media. And it is currently beyond the capacity of automated systems to determine…
Episode 60 of the National Security Podcast: TL;DL – This Is Why We Can’t Have Nice Things
An over-long episode with a short title to reflect a very busy–and somewhat bizarre–eight day stretch in the wide world of national security law. This week, your hosts Professor…
The Microsoft Design Decisions That Caused this Mess
I need not spend much space on the merits of United States v. Microsoft, the case about the extraterritoriality of email search warrants that the Supreme Court will decide this…
The Pardon Boomerang: Why Trump Associates May Need to Decline Any Offer of a Pardon
With the idea of presidential pardons resurfacing, there’s a reason that option may simply not work for the President. Trump associates would face a significant risk that their…
Microsoft (Ireland) and the Federal Rules of Criminal Procedure
Microsoft (Ireland) raises a difficult policy question about when and how U.S. law enforcement may access cross-border data. Unfortunately, the Supreme Court is seemingly set to…
“Extraterritorial” Is Not a Bad Word, Even on the Internet
In the world of Internet policy, it is a slur to call something an assertion of extraterritorial jurisdiction. Coverage of, for example, Canada’s recent ruling against Google…
UN Releases Guidelines for Team Investigating ISIS Crimes in Iraq
Back in September, we covered the establishment by the U.N. Security Council of a novel "Investigative Team" to investigate international crimes (genocide, crimes against humanity…
The Charging Mystery in the Russia Indictments—And Its Indication of What Comes Next in the Mueller Investigation
The indictment of the 13 Russians omitted a very obvious charge. Why? The answer reveals why Mueller may be going after American co-conspirators--including members of the Trump…
The Indictment of Russia’s Super PAC and the Open Question of Trump Campaign Complicity
Russia's Internet Research Agency is now revealed to have been among the largest Super PACs operating in the 2016 elections. This is now clearly one of the major campaign finance…
Just Security Podcast: Mueller Indicts Russia’s Election Meddling Team
Special Counsel Robert Mueller on Friday charged 13 Russian nationals and three Russian organizations with conspiracy to defraud the United States, among other charges, in connection…