Litigation
823 Articles

The U.S. Military Moves Closer to Just Military Justice – But More Work Remains
Reforms that just took effect at the end of 2023 mark an important step in the right direction, but further reforms – and careful attention to how they are implemented – will…

The Promise and Risk of South Africa’s Case Against Israel
How the International Court of Justice will consider South Africa's application under the Genocide Convention against Israel, the expected timing, and the potential results and…

Selective Use of Facts and the Gaza Genocide Debate
The South African application to the International Court of Justice "provides lessons for how some strategies may be well intended, but the measures chosen can undermine efforts…

Nine Stories That Deserved More Attention in 2023 – and That May Shape 2024
What stories or topics merited more attention in 2023, with a particular eye toward what might inform law and policy conversations in 2024?

Leonard Leo and Harlan Crow Would Be Wise to Comply with Their Senate Subpoenas
While Crow may feel bullied, and Leo may feel that the inquiry is ill-intentioned, as a matter of law the two are obliged to comply anyway.

The `Pinochet Precedent’ at 25: Supporting Justice for Victims with `Universal Jurisdiction’
With the "Pinochet Precedent," the principle of universal jurisdiction can provide justice for victims of other dictatorial regimes.

Syrian Torture Victims Deserve a Hearing Before the ICJ
As the case moves to the next stage, their voices must be central in the case that Canada and the Netherlands have put before the Court.

The NY Trump Civil Fraud Trial: From Tipping Point to Toppling Over
What to expect in the coming days and weeks, including the risk-rewards Trump faces in testifying.

Sackett v. EPA’s Aftermath and the Risk of Inflamed Western Water Conflict
Water insecurity and conflict in the drought-ridden west may spike in the Sackett v. EPA's deregulatory wake.

Resolving Carpenter’s Third-Party Paradox (Part II – The Solution)
Part II of a series discussing the digital-privacy paradox emerging from a Fourth Amendment revolution in Carpenter v. United States.

The Just Security Podcast: A Fourth Amendment Privacy Paradox
The third-party paradox has massive implications for privacy rights and raises important questions about how to challenge the government’s request for information that might…

Resolving Carpenter’s Third-Party Paradox (Part I – The Paradox)
Part I of a series discussing the digital-privacy paradox emerging from a Fourth Amendment revolution in Carpenter v. United States.