Democracy & Rule of Law

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Ships are anchored in the Strait of Hormuz on August 10, 2026 off the coast of Bandar Abbas, Iran.

Iran’s Conditions for Reopening Hormuz: What International Law Requires, Permits, and Forbids

Expert analysis of how Iran's conditions for reopening the Strait of Hormuz fit within the strictures of international law.

“In Focus” Syllabus Supplements: U.S. Lethal Strikes on Suspected Drug Traffickers, Operation Southern Spear, and Operation Absolute Resolve (2025–2026)

This syllabus supplement offers curated articles intended to be combined with traditional casebooks in a law school or other higher education classroom.

“In Focus” Syllabus Supplements: ICE and CBP Operations in Minnesota and Other States (2025–2026)

This syllabus supplement offers curated articles intended to be combined with traditional casebooks in a law or higher ed classroom.
The E. Barrett Prettyman United States Court House is seen early morning on December 10, 2024, in Washington, DC.

Deference Should Follow Expertise, Not Pretext

Anthropic v. Department of War reveals why courts must distinguish genuine national security judgments from pretextual ones and how to do it.
A blue architectural blueprint-style graphic with white grid lines and hand-lettered labels arranged like room names on a floor plan, symbolizing the architecture of institutional reinvention.

Reinvention Blueprint No. 2: Democracy Works When Government Works

America’s civil service, built for a bygone era, urgently needs bold, comprehensive reform to build a government capable of delivering for the 21st century.
A building belonging to DAMAC, a Dubai-based luxury real estate developer founded in 2002 by businessman Hussain Sajwani, is seen in Dubai on June 4, 2026.

The Trump Administration Throws Gulf AI a Lifeline

The Trump administration significantly relaxed AI export controls on the UAE, and it's unclear what the United States got in return.
The Environmental Protection Agency (EPA) headquarters is seen on February 13, 2026 in Washington, DC.

Challenging Toxic Air Exemptions – and a Pattern of Executive Overreach on Regulatory Rollbacks

Together, the Trump administration’s vision of the Clean Air Act’s exemption authority and shutting courts out from review is one of completely unchecked presidential power.
Canadian Prime Minister Mark Carney standing near a row of Canadian flags.

A Rule-of-Law Model for Governing AI Risks: The Global Significance of Canada’s New AI Strategy

Other middle powers should emulate Canada’s focus on the rule of law as a central principle of A.I. governance.
The E. Barrett Prettyman United States Courthouse in Washington, D.C., with a carved stone panel depicting historical courtroom and law enforcement scenes in the foreground.

The Scope of Executive Privilege: Unpacking the D.C. Circuit’s Latest Decision

The D.C. Circuit upheld Navarro's contempt of Congress convictions, holding that executive privilege must be claimed by the president or an official authorized by the president.

The Just Security Podcast: Uncharted Territory: The Alien Terrorist Removal Court Hears Its First Case

Dani Schulkin is joined by Steve Vladeck and Jess Dawgert to discuss the first-ever case before the Alien Terrorist Removal Court.
US Secretary of State Marco Rubio (C, back) looks on as (L/R, front row) Israeli Ambassador to the US Yechiel Leiter, State Department Chief of Staff Daniel Holler, and Lebanese Ambassador to the US Nada Hamadeh sign a framework agreement at the US Department of State in Washington, DC, on June 26, 2026.

The Israel-Lebanon Framework Agreement: Return to the “Land for Peace”’ Formula

Experts examine the implications of the framework agreement signed by Israel, Lebanon, and the United States in June.
View of an FBI agent from behind wearing a green FBI vest inside the New York Federal Plaza Immigration Court.

How the Alien Terrorist Removal Court Could Be Good for the U.S. Immigration System

DOJ's first-ever use of the Alien Terrorist Removal Court raises due process concerns, but could offer more legitimacy than current immigration proceedings.
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