Courts & Litigation
Just Security’s expert authors offer analysis and informational resources on key litigation impacting national security, rights, democracy, and the rule of law. Our content spans domestic and international litigation, from cases at the International Court of Justice, the International Criminal Court, and other international and regional tribunals, to those in U.S. courts involving executive branch actions, transnational litigation, and more.
2,881 Articles
Soldiers in Robes: Why Military Lawyers Can Not and Should Not Serve as Immigration Judges
DOJ’s recent decision to appoint several military lawyers, or JAGs, to serve as immigration judges is not only against the law, but a bad idea.
Impunity by Design: Latin America’s Quiet Crisis of Accountability
Across Latin America, political elites are quietly passing laws that narrow definitions, shield allies, and block legal pathways to investigate corruption and organized crime.
Defending ‘Sanctuary’ Principles During the Chicago Crackdown
Local governments must exercise their constitutional power to cut off cooperation with federal authorities that undermine residents' rights.
Legal Progress Stalls for Northern Ireland Families
With pending court cases and legislative reforms, the coming months will show whether long-overdue justice will be served in Northern Ireland.
A SCOTUS Bench Memo for the Trump Tariff Case: Separation of Powers, Delegation, Emergencies, and Pretext
By enacting IEEPA, did Congress authorize the president to impose tariffs? If so does, is that delegation of authority lawful?
The Supreme Court: the Last Defense Against Trump’s Military Police State
The Supreme Court must not shirk its obligation to ensure that presidents cannot conscript the military in an effort to undermine democracy.
The ICJ’s Advisory Opinion on Israel’s Obligations Towards UNRWA and Other International Organizations in the Occupied Territories: Key Issues
Unpacking the International Court of Justice's advisory opinion on Israel's obligations towards the UN and others to provide humanitarian aid in the West Bank and Gaza.
Will Victims of Cyber Attacks Soon Get Their Day in Court? Options for Accountability for Cyber Attacks
More cyber litigation will appear on the docket as pathways to legal accountability for unlawful State-sponsored cyber operations strengthen.
When Deference is No Longer Due
Reasons for historical deference to the executive branch's judgement in matters of national security and foreign affairs have been severely undermined.
Attacks on U.S. Legal Profession Reflect Global Slide in Countries It Once Aided
Political pressures like those used to silence legal professionals and undermine rule of law in Europe and Eurasia echo patterns of the autocratic playbook.
The Rome Statute in the Digital Age: Confronting Emerging Cyber Threats
For the Rome Statute to remain relevant, practitioners must understand how governments can deploy spyware to commit international crimes.
Taking Stock of the Birthright Citizenship Cases, Part IV: DOJ’s Ineffective Responses to Plaintiffs’ Statutory Argument
Analysis of birthright citizenship statutory arguments now before the Supreme Court.