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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3,168 Articles
Just Security

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…
Just Security

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…
Just Security

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’…
Just Security

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. …
Just Security

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 –…
Just Security

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…
Just Security

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…
Just Security

Why David Miranda’s Case Is Harder Than It Looks

The detention of David Miranda, the partner of Guardian newspaper journalist Glenn Greenwald, has sparked widespread controversy and international press coverage (including the…
Just Security

First Drone Strike Victims Planning to Visit US: Will the US Keep Its Transparency Promises?

Next week – for the first time in the history of the US “targeted killing” drone program – alleged survivors of a drone strike and the family members of a deceased victim…
Just Security

Are Internet Backbone Pen Registers Constitutional?

Between Edward Snowden’s ongoing leaks and a series of frankly unprecedented disclosures by the government itself, the public now knows quite a bit about the NSA’s…
Just Security

Debate: Metadata and the Fourth Amendment – A Reply to Jennifer Granick

This post is the second in a series from Just Security‘s Jennifer Granick and Guest Author Orin Kerr debating the constitutionality of the NSA’s telephony metadata…
Just Security

Debate: Metadata and the Fourth Amendment

This post is the first 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…
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