Recent Articles

Recap of Recent Pieces on Just Security (April 22-27)
Immigration Joshua Geltzer, A Tale of Two Branches at Today’s Oral Arguments in the Travel Ban 3.0 Case Marty Lederman, Travel Ban III: Why the Court Does Not Have to Second-Guess…

Kompromising Congress?
"Given what appears to be the low level of information security on the Hill, we probably don't need to ask whether such information has been gathered by foreign intelligence services.…

An Opportunity for National Security Transparency in the Trump Era
Hartig and Geltzer--who served in the National Security Council, Defense Department, and Justice Department--examine the benefits of transparency in national security policy, what…

The Early Edition: April 27, 2018
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 abroad.…

Travel Ban III: Why the Court Does Not Have to Second-Guess Any (Nonexistent) Presidential National Security Decisions
[Cross-posted at Balkinization.] There’s already been a great deal written about yesterday’s oral argument in Trump v. Hawaii. Most observers have focused on whether, for…

Legal Implications of the Defect in Pentagon’s Civilian Casualty Assessments
Goodman supplements his New York Times Op-ed by discussing two legal implications of a flaw in how the Pentagon counts civilian casualties.

Common Article 1 and the U.S. Duty to Ensure Respect for the Geneva Conventions in Yemen
U.S. Defense Secretary Jim Mattis meets with Saudi Arabia’s King Salman Bin Abdulaziz Al-Saud in Riyadh, Saudi Arabia, April 19, 2017. (DOD photo by U.S. Air Force Tech. Sgt.…

Jesner v. Arab Bank: The Supreme Court Preserves the Possibility of Human Rights Suits Against U.S. Corporations
Unpacking the Supreme Court's decision: There's still room for international human rights suits against US companies under Alien Tort Statute.

The Early Edition: April 26, 2018
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 abroad.…

A Tale of Two Branches at Today’s Oral Arguments in the Travel Ban 3.0 Case
Sitting in the packed courtroom for today’s Supreme Court argument in Trump v. Hawaii, our own Joshua Geltzer was reminded of watching a movie in which the plots for two main…

The Politicization of Our Security Institutions
The politicization of the FBI has been swift and extreme. According to Reuters polling, just two years ago, 84 percent of Republicans viewed the FBI favorably. By February 2018,…

State Responsibility for U.S. Support of the Saudi-led Coalition in Yemen
This article is the latest article in our forum on the Yemen crisis and the law. The international law of state responsibility, captured in the International Law Commission’s…