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
Unprivileged Does Not Mean Prohibited
In his latest post, Ryan takes issue with those who argue that it would violate international law for a state civilian agency, such as the CIA, to use force in an armed conflict. …
Are Journalists in Danger of Prosecution for Espionage?
Following up on Steve’s post, and in timely anticipation of Just Security’s event this afternoon, I was struck by Gabriel Schoenfeld’s somewhat fevered suggestion that the…
The Espionage Act and the Press: A Short Response to Gabe Schoenfeld
In his provocative guest post (which should, if nothing else, provide that much more of a reason to check out tomorrow’s Just Security launch event), Gabe Schoenfeld asks…
The Espionage Act and National Security Reporting
Liberals and conservatives seem to agree that the Obama administration has been waging a “war against the press.” On the Left, we have Salon and the Huffington Post condemning,…
EU Law Meets a U.S. Army Deserter
A German Court considering the appeal of a U.S. soldier Andre Shepherd who sought asylum in Germany after deserting his Iraq bound unit in 2007, has made a preliminary reference…
Are Internet Backbone Pen Registers Constitutional?
Between Edward Snowden’s ongoing leaks and a series of frankly unprecedented disclosures by the government itself, the public now knows quite a bit about the NSA’s…
Debate: Metadata and the Fourth Amendment – A Reply to Jennifer Granick
This post is the second in a series from Just Security‘s Jennifer Granick and Guest Author Orin Kerr debating the constitutionality of the NSA’s telephony metadata…
The Deeper Lesson from Terrorist Expatriation Proposals
[Note: The following post is derived from remarks prepared for last Friday’s symposium on “Citizenship, Immigration and National Security After 9/11,” sponsored by the Fordham…
Debate: Metadata and the Fourth Amendment
This post is the first in a series of posts from Just Security‘s Jennifer Granick and Guest Author Orin Kerr debating the constitutionality of the NSA’s telephony metadata…
Flip Flops?: The Conflict with Al Qaeda Is (Not) a War
Following the September 11 attacks in 2001, President George W. Bush justified several military actions on the ground that the United States was now in an armed conflict with Al…
Five Myths in the Debate about Cyber War
Between 2009 and 2013, a group of 20 public international law scholars and practitioners drafted the recently released Tallinn Manual on the International Law Applicable to Cyber…
Time to Retire the Military Commissions
Last Monday morning, as a military judge read each of the men accused of plotting the 9/11 terrorist attacks their rights to attend the hearings in their case, two of them objected.…