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.
3,149 Articles
Al-Liby: Male Captus, Bene Detentus?
Further to Marty’s post today on the question of Libya’s consent vel non to the recent al-Liby operation, we should also call attention to a long-withheld OLC opinion (13 U.S.…
Selective Disclosure About Targeted Killing
For several years, the ACLU has been pressing the Obama administration to be more transparent about the targeted-killing program. I’m starting to wonder whether it understands…
“Relevance” at the Royale Inn
The NSA’s controversial call records program is predicated on the extraordinary premise that the phone logs of nearly all Americans are “relevant” to an intelligence…
New NSA Reform Proposal from Sen. Leahy and Rep. Sensenbrenner
While the continued government shutdown has sidelined an estimated 800,000 federal employees and resulted in the cancellation of President Obama’s trip to Asia this weekend,…
Recent Filings in Case Challenging NSA metadata program (ACLU v. Clapper)
Earlier this summer the ACLU filed a lawsuit challenging the constitutionality of the NSA’s collection of telephony metadata under Section 215 of the PATRIOT Act. This is one…
NSA Bulk Collection, the “Corporate Store,” and the Forgotten ECPA Loophole
This weekend’s New York Times report on NSA aggregation of large databases to map the social networks of US citizens contains a reminder that the vast bulk phone records…
The Kris Paper, and the Problematic FISC Opinion on the Section 215 “Metadata” Collection Program [UPDATED Oct. 14]
If you haven’t done so already, you really ought to read David Kris’s very thoughtful and comprehensive paper on the Section 215 metadata collection program, a précis…
Intelligence Oversight and Surveillance Act — Language Now Available
Yesterday, I wrote about the proposed Intelligence Oversight and Surveillance Reform Act. The language of the proposed bill is not yet available on the Library of Congress’…
Transparency on Targeted Killings: Promises Made, but Little Progress
Since President Barack Obama’s May 2013 counter-terrorism speech, attention to and criticism of US targeted killings practice and policy has notably dropped off inside the US. …
Making Sense of the NSA Metadata Collection Program and the “Administrative Search” Doctrine
As most people on the planet now know, the National Security Agency obtains detailed records of the “metadata” of essentially every call – domestic and international –…
Debate (Round 2): Metadata and the Fourth Amendment – A Response
This post is one in a series of posts from Just Security‘s Jennifer Granick and Guest Author Orin Kerr debating the constitutionality of the NSA’s telephony metadata…
Debate (Round 2): Metadata and the Fourth Amendment
This post is one in a series of posts from Just Security‘s Jennifer Granick and Guest Author Orin Kerr debating the constitutionality of the NSA’s telephony metadata…