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.
3,333 Articles
Extending Privacy Protections to Foreigners Will Benefit Americans
I wanted to add a few thoughts to Ryan Goodman’s post outlining policy arguments for and against giving foreigners the same privacy protections enjoyed by Americans (at least…
A Big Week in Afghanistan War Oversight
It has been a busy week for John Sopko, the US-appointed Special Inspector General for Afghanistan Reconstruction (SIGAR). He and his team just published a number of reports indicating…
Chemical Weapons and Secrecy: a Terrible Combination
Last week’s New York Times article detailing the fact that, between 2004 and 2011, American troops in Iraq “secretly reported finding roughly 5,000 chemical warheads, shells…
Apple, Boyd, and Going Dark
Apple’s recent announcement that it will encrypt its newest iPhones is again pushing to the fore the question of whether the law should be updated to require companies to have…
Rejecting the Bush Comparison: A Response to Goldsmith & Waxman
Jack Goldsmith and Matthew Waxman have written an interesting essay on President Obama’s war powers legacy, boldly titled “Obama, not Bush, is the Master of Unilateral War.”…
State Secrets Might Get a Little More Secret
The state secrets privilege has been the topic of significant academic and judicial focus, particularly in the post-9/11 era in which invocations of the privilege were seen by…
Shhh! Last Week Was All About Secrets
Editors’ Note: The following post is the sixth installment of a new feature, “Monday Reflections,” in which a different Just Security editor will take an in-depth look…
Twitter’s First Amendment Suit & the Warrant-Canary Question
This week, Twitter lobbed the latest volley in what has been both a fascinating and encouraging repositioning of technology companies vis-à-vis the U.S. government—a pivot that…
Constitutional “Cross-Ruffing”: My New Article
About a year ago, I wrote about the Second Circuit’s decision in the Ghailani case, in which, among other things, the Court of Appeals rejected a former Guantánamo detainee’s…
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…