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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3,180 Articles
Just Security

Recap of Recent Posts on Just Security (June 4–10)

I. Cybersecurity  Kristen Eichensehr, Giving Up on Cybersecurity — Strategically (Monday, June 6) II. Surveillance & Intelligence Jennifer Daskal, Beware of the Emergency…
Just Security

FBI Guidelines Weaken Separation of Community Outreach and Intelligence Gathering Efforts

Community outreach programs are a staple of modern law enforcement, designed to build trust, address local concerns, and communicate effectively with the public — at least in…
Just Security

Beware of the Emergency Exception Loophole in the Email Privacy Act

The Email Privacy Act, which passed the House 419-0, is slated for consideration in the Senate Judiciary Committee hearing this week. The legislation updates the now 30-year old…
Just Security

Sparring Over the 9/11 Trial Recusal Motion

Anyone who’s been following the military commission prosecution of the five alleged 9/11 plotters at Guantánamo Bay is likely familiar with some of the absurd happenings in…
Just Security

With Remote Hacking, the Government’s Particularity Problem Isn’t Going Away

Electronic surveillance succeeds because it is secret. When the government seeks to record “what is whispered in the closet,” in the words of Justice Brandeis, it must use…
Just Security

Recap of the Recent Posts on Just Security (May 21–27)

I. Guantánamo Jen Daskal, Guilty Pleas For GTMO Detainees (Without Ever Setting Foot on US Soil) (Monday, May 23) II. Transparency, Legality & the the Use of Force David…
Just Security

Important First Step by HPSCI on Pre-Publication Review Reform

Editor’s note: This post also appears on Lawfare. We are happy to learn, via Secrecy News, that the House Permanent Select Committee on Intelligence (HPSCI) has weighed in constructively…
Just Security

Just Wars on the Battlefield of Ideas

This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Just Security

Guilty Pleas For GTMO Detainees (Without Ever Setting Foot on US Soil)

Last week Steve wrote about the then-not-yet public provision in the Senate version of the FY2017 National Defense Authorization Act (NDAA) that would permit Guantánamo detainees…
Just Security

A Supplement to Steve Vladeck’s Assessment of the Supreme Court’s Treatment of Courts-Martial

Professor Steve Vladeck recently published an interesting analysis of the Supreme Court’s “troubling neglect of courts-martial,” and I agree with most of what he puts forth.…
Just Security

The 702 Reform Debate Is Just Heating Up

This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Just Security

Transparency, Review, and Relief: The Far-Reaching Implications of the Kunduz Report

Thus far, many discussions of the US military’s release of a 120-page detailed report of the lawfulness of its attack on the Médicins Sans Frontières (MSF) facility in Kunduz,…
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