Litigation
868 Articles
A 2024 Election Litigation Hot List
The cases include ones affiliated with major political parties, tackling emerging legal fault lines in the 2024 election, and involving issues of trust in the democratic process…
Election Certification Refusers Are a Movement: Georgia Lawsuit Highlights Alarming Trend
"What exactly is happening in Georgia offers insight into trend lines in other parts of the country."
After Immunity: How Judge Chutkan Should Apply Trump v. U.S.—and When
A deep dive into the state of play in United States v. Trump.
Presidential Immunity Decision May Have Implications for Congressional-Executive Divide on Criminal Contempt
With Trump v. United States, a majority of the Supreme Court appears ready to resolve a longstanding dispute over prosecutorial discretion in contempt of Congress cases in favor…
The Just Security Podcast: Assessing the Recent Response of International Law and Institutions in Palestine and Israel
What have international institutions chosen to condemn as violations of community norms, and what conduct has been silenced or omitted?
After Immunity: The Path Forward for the January 6th Case
TABLE OF CONTENTS I. Introduction II. The Supreme Court’s Immunity Framework III. Applying the Court’s Immunity Decision to the Indictment 1. Undisputed Unofficial Conduct…
Collecting Just Security’s Analysis of the Supreme Court’s Term
A collection of legal and policy analysis of key cases from the Supreme Court's tumultuous term.
A Prudential Way Forward in Trump v. United States
"The Supreme Court, in Trump, provides the basis for ... a prudential approach going forward."
Dept of Justice Promises to Declassify Standard Operating Procedure for Coordinating with Social Media Platforms
Department of Justice set to release declassified Standard Operating Procedure for coordinating with social media platforms on foreign malign influence and First Amendment.
United States v. Nixon at Fifty: Why Judge Cannon Is Wrong About the Attorney General’s Authority to Select a Special Counsel
An in-depth legal analysis on the fate of Special Counsel Jack Smith's prosecution of former President Donald Trump in the classified documents case and beyond.
The Just Security Podcast: An Innovative Lawsuit Links Social Media Companies to Mass Shootings
Paul Barrett discusses the novel case and its potential impact on legal efforts to hold social media companies liable for mass shootings.
Three Flaws in the Supreme Court’s Decision on Presidential Criminal Immunity
Three major flaws in the Trump v. United States majority opinion derive from the Court’s failure to examine and differentiate the source and scope of presidential power -- whether…