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I have written extensively on the D.C.
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The D.C. Circuit has released a less-redacted version of its Latif opinion. I haven't read it yet, but the D.C. Circuit Review web site has and notes that the new version offers significantly more inform...
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According to the Washington Times, Director of Intelligence at U.S. Cyber Command, Rear Adm. Samuel J.
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The D.C. Circuit Court has affirmed the judgment of the District Court in Alsabri v. Obama.
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I’m very excited to join the Lawfare team. As a first post, I’d draw readers’ attention to Jack’s Washington Post op-ed, in which he discusses how candidate Romney might to try to differentiate himself f...
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Last night the House voted to approve CISPA, the first of four cybersecurity bills that are under consideration in that chamber this week, despite President Obama's veto threat. The bill's sponsor, Dutch...
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A few weeks back we noted that Ali Hamza Ahmad al Bahlul filed his petitioner brief in the D.C. Circuit Court in his appeal from the military commission's judgment and sentence against him. Now comes his...
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We're pleased to note that our new essay, Law and Ethics for Robot Soldiers, has been posted to SSRN. The essay's fundamental point is that lethal autonomous weapons systems - the "robot soldiers" of ou...
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The news of the day--other than the Washington Capitals' victory over the defending Stanley Cup Champion Boston Bruins last night, that is--is that the Obama administration has issued a veto threat on CI...
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The Special Court for Sierra Leone has convicted former Liberian President Charles Taylor of eleven counts of war crimes and crimes against humanity. He is the first former head of state to be tried and...
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Two new Congressional Research Service reports came out earlier this month concerning the NDAA, thanks to Steve Aftergood of Secrecy News. The first, Detention of U.S. Persons as Enemy Belligerents, is a...
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In an earlier post I commented on the politics of the cybersecurity debate. I wrote: "One final piece of the political calculus is what the Administration wants. Right now all public signs are that the...
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Defense counsel for the five alleged 9/11 co-conspirators have filed several motions challenging the closed-door nature of some military commission proceedings.
Although the filings haven't been releas...
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Late yesterday, the House sponsors of the CISPA cybersecurity legislation (to be considered tomorrow) announced a series of amendments to the bill intended to address some of the concerns advanced by pri...
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In an essay entitled Law and the President that I've just published in the Harvard Law Review, I began by providing a brief historical and political perspective on shifting views of presidential power ov...
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For New York-area readers, the American Constitution Society and the Brennan Center for Justice are co-sponsoring an "intra-progressive" debate tonight at the Brennan Center, featuring Marty Flaherty fro...
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A very interesting exchange on the topic here.
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Yesterday, Jack posed the question of what ever happened to the periodic review process that President Obama had ordered for long-term detention review at Guantanamo Bay. "I have heard little about these...
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Conservative opposition to CISPA, the most prominent of the cybersecurity bills under consideration on the hill, is mounting, writes Brendan Sasso at The Hill.
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