Recent Articles

What Did We Learn About Mark Esper and How He Views the World?
From Iran to Afghanistan to collective self-defense, the big takeaways from the Senate confirmation hearing for Mark Esper, nominated by the president to be defense secretary.…

The National Security Delegation Conundrum
The two main opinions in Gundy v. the United States highlight the imbalanced stakes of current constitutional non-delegation doctrine. Those worried about unchecked presidential…

The Supreme Court Just Made It Easier to Conceal Abuse of Migrant Detainees
The U.S. Supreme Court has reversed a half-century of precedent on citizens’ rights to know what their government is doing, by making it more difficult for the public to probe…

The Early Edition: July 17, 2019
Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and…

U.S. Offensive Cyber Operations against Economic Cyber Intrusions: An International Law Analysis – Part II
Part I demonstrated that the United States is likely to struggle to make a convincing argument that economic cyber intrusions carried out against it breach international law. Consequently,…
Blocking or Aiding Asylum Seekers? The U.S.-Canada “Safe Third Country” Agreement and Examples from Europe
The Trump administration's new asylum regulation attempts an end run around the statutory requirements of an actual “Safe Third Country” agreement. Here's how such an agreement…

The Early Edition: July 16, 2019
Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and…

“Safe Third Country” Agreements with Mexico and Guatemala would be Unlawful
The Trump Administration is seeking "safe third country" agreements with Mexico and Guatemala to keep Central American asylum seekers from reaching the country - they can't meet…

Outside the Beltway: An Experiment on Human Rights & Potential CLOUD Act Agreements
What questions remain in assessing the human rights concerns of potential CLOUD Act agreements? How would executive branch lawyers approach these questions?

The Early Edition: July 15, 2019
Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and…

Recap of Recent Articles on Just Security (July 8-12)
Immigration and Refugees Ryan Vogel, We Treat America’s Wartime Detainees better Than Migrant Children Human Rights, Civil Rights Jayne Huckerby (@jaynehuckerby), Sarah…

Five Takeaways from Talking Feds’ Mueller Preview Panel
As we prepare for the upcoming congressional testimony of Special Counsel Robert Mueller, we thought it would be helpful to tune into the Talking Feds podcast, which taped a series…