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This morning the Supreme Court released its opinion in Zivotofsky v. Clinton. In an 8–1 decision, it reversed the lower courts' dismissal of Menachim Zivotofsky's suit to have "Jerusalem, Israel" listed ...
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Kate Martin of the Center for National Security Studies writes in with the following response to a post of mine last week on military commissions:
I write simply to correct a bit of history. In writing...
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At the top of the news today is the report that the U.S. gave $50,000 for each of the villagers killed in the massacre in Afghanistan a few weeks ago, and $11,000 for each person wounded in the rampage. ...
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Over at Opinio Juris, Kevin Jon Heller offers the following objection to Haridimos Thravalos's guest post last night on Hamdan, conspiracy, and history:
There is, however, a basic problem with Thravalos’...
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I received this evening a most extraordinary guest post. It isn't every day that someone sends me a memo outlining how a four-justice plurality of the Supreme Court got a key historical point wrong in a ...
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I spoke last Friday at a symposium hosted by the Canada-US Law Institute at Case Western Reserve University School of Law, where the topic of the day was “The New Perimeter Initiative.” [For those who ...
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The election that matters ... Carl Schmitt for County Supervisor.
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Greg Miller of the Washington Post has this excellent profile of Roger, the enigmatic head of the CIA Counterterrorism Center and a principle architect of the drones program.
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Two new amicus briefs concerning the petition for a writ of certiorari in Latif. The first is on behalf of thirteen retired federal judges, who offer four main arguments:
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The New York Times and the Washington Post both report that Staff Sgt. Robert Bales will be charged with 17 counts of murder, along with other charges that will include attempted murder.
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Forthcoming next month in the Harvard Law Review is an essay of mine entitled Law and the President. The essay, here, explores the extent to which law constrains the exercise of presidential power in bot...
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Geoff Corn (South Texas) and Dave Glazier (Loyola-L.A.) write in with the following guest post concerning the US-Afghanistan SOFA and jurisdiction to prosecute SSG Robert Bales:
Staff Sergeant (SSG) Robe...
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Jhesus-Maria, King of England, and you, Duke of Bedford, who call yourself regent of the Kingdom of France, you, Guillaume de la Poule, count of Suffort, Jean, sire of Talbot, and you, Thomas, sire of Sc...
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Columbia legal scholar Philip Bobbitt just sent in this fascinating article on the constitutionality of the individual mandate as justified by biosecurity. If that sounds like a bit of a non-sequitur, we...
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The government filed its opposition to cert in the case of Moath Hamza Ahmed Al Alwi--a Guantanamo habeas petitioner. Al Alwi filed a petition for a writ of certiorari back in December, though we missed ...
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I don’t believe, as Steve suggested in his good response to my Slate essay on military commissions, that Obama’s continuation of military commissions is “a validation of . . .
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For interested D.C.-area readers, we're hosting what should be a fascinating panel discussion here at American University Washington College of Law next Tuesday (March 27), from 1-3 p.m., on "U.S. and Is...
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Another amicus brief has been filed in the D.C. Circuit appeal of the military commission of Ali Hamza Ahmad Suliman Al Bahlul, this time by former members of the U.S. Intelligence Community. Arguing on ...
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The Senate's Three Amigos (John McCain, Joe Lieberman and Lindsey Graham) have penned this op-ed in the Washington Post on being successful in Afghanistan.
Jack has posted on Slate an account of how Pre...
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In a characteristically thougtful essay over at Slate, and building on themes in his new book, Jack returns to a familiar argument--that the extent to which the Obama Administration has embraced military...
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