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.
3,150 Articles
Magistrate’s Compliance: Searching Electronic Data Overseas
Amidst all the talk about the so-called Magistrates’ Revolt (referring to a group of magistrates pushing back against the government’s broad electronic search requests), it’s…
More on Military Courts and Article III
A little over a month ago, I posted about my forthcoming article, “Military Courts and Article III,” a copy of which is now available via SSRN. For folks who prefer…
Why Can’t We Even Say How Many We Have Killed?
On Monday, Just Security marked the ten-year anniversary of the disclosure of the Abu Ghraib scandal with a pair of eloquent posts by David Luban (Part 1 and Part 2). The Senate…
Drone Casualty Reporting Requirement Dropped from Intel Authorization Bill
Over the last several months, we’ve been following closely several legislative proposals in the House and Senate aimed at bringing greater transparency to the U.S. drone…
White House Makes Reassuring Noises On 0-Day Policy
Yesterday afternoon, the White House put out a statement describing its view of vulnerability disclosure: the contentious issue of whether and when government agencies should disclose…
Secrets Revealed: The Government’s No Fly List Arguments Aren’t Flying
Last week Judge William Alsup (N.D. Cal.) released the unredacted version of his ruling in the first-ever challenge to the no-fly list to be decided on the merits – a case that…
Letter to the Editor from Gabor Rona, Airstrikes in Yemen and Government Transparency
Thanks Ryan and Sarah for an excellent analysis of the NY Times article on the recent military activity in Yemen. In noting that the article is imprecise in its reference to “alleged…
Court Decision Supports Broader Disclosures on US Drone War
The Second Circuit Court of Appeals’ decision yesterday that the Obama administration had waived its right to refuse to turn over legal memos justifying the killing of a U.S.…
The Second Circuit and the Vices of Selective Disclosure
I’ve now had a full day to digest yesterday’s lengthy decision by the Second Circuit in New York Times v. Department of Justice, which, among other things, orders…
Searchable Database of NSA Documents
Some Just Security readers will be interested to know that the ACLU has just launched a text-searchable database of NSA documents released since June of 2013. The database is here.
Representatives Schiff and Jones Introduce Bill to Increase Transparency in U.S. Drone Program
Today, Representatives Adam Schiff (D-CA) and Walter Jones (R-NC) introduced new legislation aimed to bring greater transparency to the U.S. drone program. The Targeted Lethal…
Military Courts and Article III
For some time, I’ve been working on the larger implications of the jurisprudence arising from the Guantánamo military commissions and the Court of Appeals for the Armed…