Litigation
840 Articles
The 9/11 Civil Litigation and the Justice Against Sponsors of Terrorism Act (JASTA)
For lots of readers, I suspect Saturday’s front-page New York Times story by Mark Mazzetti was their first exposure to the ongoing efforts by 9/11 victims and their families…
A New Lawsuit from Microsoft: No More Gag Orders!
Microsoft is once again making headlines via litigation over government’s use of the Stored Communications Act. For the past two years, it was Microsoft’s lawsuit challenging…
Four Takeaways From State v. Andrews
On Wednesday, an appellate court in Maryland handed down a major loss to the government, one that will send police and prosecutors back to the drawing board (or at least back to…
Engines of Liberty: How Civil Society Helped Restore Constitutional Rights in the Aftermath of 9/11
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
FBI Discovers It Can Access That iPhone After All
Update: The FBI is now explicitly denying that the method described in this post is the one they’re planning to employ — so apparently my suspicion was mistaken and they…
A friendly critique of the proposed Chesney/Vladeck “middle ground” in the Apple/FBI disputes
Bobby Chesney and Steve Vladeck have published an excellent and provocative post today concerning the recent All Writs Act disputes between the government and Apple. I agree with…
Justice Garland and National Security Accountability: What’s Missing from the Dueling Guantánamo Accounts
Not surprisingly, folks looking for interesting things to say about Chief Judge (and Supreme Court nominee) Merrick Garland’s jurisprudence during his 19-year tenure on the…
Strong Intelligence Oversight Can Happen Within the Executive Branch
That the American public is divided on the current showdown between Silicon Valley and the national security state is to be expected. What is more striking, at least at first blush,…
The Growing Divide Between European Governments and Regional Courts on Surveillance
Last week, as he delivered his first report to the UN Human Rights Council, the UN Special Rapporteur on the right to privacy made headlines with his sharp criticism of the United…
The Supreme Court Could Use an Expert on National Security or International Law
One doesn’t hear much about the Supreme Court as a team these days, but in fact for most of the life of the Court this has been one of its principal modes of operating. Although…
Determining When the Armed Conflict With Al-Qaeda Started
A panel of the DC Circuit recently held oral arguments in the case of Abd al Rahim al-Nashiri — a Saudi man accused of involvement in numerous terrorist plots and attacks against…
The Latest European Court of Human Rights Ruling on Accountability for Torture
In another important decision on European participation in the US war on terrorism, the European Court of Human Rights (ECtHR) issued a judgment late last month against Italy for…