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.
3,168 Articles
FBI is Hurting Apple and Google’s Competitiveness with Crypto Backdoor Demands
Last week, FBI Director James B. Comey dispatched his minions to yell at Apple and Google for architecting their smartphones such that government officials cannot decrypt information…
Towards a Global Debate? UN Human Rights Council Takes on Drones
On Monday, the UN Human Rights Council’s (HRC) expert panel on the use of armed drones and international law, expressed clear consensus around the need for greater transparency…
The Posse Comitatus Act, Unlawful Surveillance, and the Exclusionary Rule
Most students of U.S. national security law are familiar with the Posse Comitatus Act (PCA) — an 1878 statute that subjects to criminal punishment anyone who, “except…
The Erosion of a Secret
Drone Timeline (Click to Enlarge) In connection with an ACLU Freedom of Information Act lawsuit pending before the U.S. District Court for the District of Columbia, the CIA has…
NYPD Uses Discovery Tactics to Deter Civil Rights Claims
The discovery stage of national security litigation rarely attracts much interest, at least where it does not involve an invocation of “state secrets” by the federal government.…
The Coming Congressional “Authorization” to Use Force Against ISIL?
Many commentators and news outlets are focused on whether the White House will seek, or Congress will pass, authorization for the President to use military force against ISIL.…
Renewed focus on statutory construction in the Section 215 litigation
C-SPAN videotaped Tuesday’s oral argument in the U.S. Court of Appeals for the Second Circuit in ACLU v. Clapper, one of the primary challenges to the Section 215 telephony…
FISC OKs Section 215 Investigations of Americans, Despite First Amendment
The Foreign Intelligence Surveillance Court declassified an opinion today which, although highly redacted, illuminates the way at least one Judge is interpreting his mandate to…
Impact(s) of the Boehner Lawsuit on the Separation of Powers in National Security
While there have been countless articles written on the House efforts to sue President Obama, few commentators have opined on the likely impact(s) of the House lawsuit on national…
Inspectors General Information Access Complaints
Earlier this week, 47 Inspectors General (IGs) across the federal government signed a letter to congressional oversight committees complaining about impediments to access to information…
Multiple Choice: Who Said This on Transparency and Targeted Killings Across State Borders?
Question: Who said this? “While the U.S. regards attacks on terrorists being protected in the sovereign territory of other States as potentially justifiable when undertaken in…
New Court Orders Signal More Drone Documents Are on the Way
For more than four years of Freedom of Information Act litigation concerning the government’s targeted-killing program, the government managed to avoid releasing a single document…