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.
3,471 Articles

10 Steps to Avoid Becoming a Tin Pot Kleptocracy (and safeguard our national security in the process)
The President-elect must make his tax returns public. The public at large will then know precisely the nature and form of his extensive business interests. The President-elect…

Will Trump Bring Back Torture? Not if He Learns from the Past and Follows the Law
Since Donald Trump’s election victory last week, attention has turned to figuring out which promises he will keep and which he will abandon. Regarding torture, there have been…

Trump’s Whistleblowers—Whether Limited Pardons for Manning and Snowden Makes Sense Now
Whatever you might have previously thought about the notion of President Barack Obama pardoning Chelsea Manning and Edward Snowden, the election of Donald Trump changes everything.…

Preventing Violent Extremism in 2017 and Beyond: Fading or Renewed UN and U.S. Leadership?
The current UN Secretary-General, Ban Ki-moon, and U.S. President Barack Obama will both leave office in January 2017, with at least one common legacy: a more comprehensive framework…

Investigating Surveillance Around Standing Rock
An anonymous Facebook plea recently went viral, asking people to check in to the Standing Rock Indian Reservation to thwart police surveillance of the Dakota Access pipeline protesters.…
US Transparency Regarding International Law in Cyberspace
Last Thursday, State Department Legal Adviser Brian Egan, delivered an important speech at Berkeley Law School on the relationship between international law and cyber activities. …

Donald Trump’s Drone War
My new book, The Drone Memos, will be published by The New Press today. The Guardian is running a 4000-word slice of the 20,000-word introduction on its website this morning. The…
The Case Against Serving
Two of my friends, both of them principled and talented conservatives, told me they were approached by members of the Trump team about possible posts in the incoming administration.…

Anticipating Trump: Should Government Lawyers Stay or Go?
[Editors’ note: This post is the latest in Just Security’s series on the ethical and legal dilemmas of serving in the Trump administration. On Friday, Jon Michaels wrote…

Let’s Be Careful Not to Box in President-Elect Trump—How to Build Exit Ramps
The ACLU has published a full-page open letter in the New York Times to President-elect Trump—a show of force of the significant legal power of the organization. Forgive that…

Administrative Checks and Balances in the Trump Administration
Raise your hand if you went to bed Tuesday thanking James Madison for the gift of separation of powers. For years, scholars and pundits have resented that gift, railing against…
Why I’m a Federal Courts Nerd (and You Should Be, Too)
In addition to the election, yesterday was also the first anniversary of the terribly untimely passing of my college mentor, Professor Nasser Hussain. And this past weekend, the…