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Not a whole lot going today. I guess all the drones, detainees, and terrorists were busy yesterday following the Iowa caucuses. A few items worth mentioning, though.
Yesterday, Iran warned a U.S. aircra...
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Last October 2011, Harvard Law School's Richard Fallon posted to SSRN an essay entitled, "Scholars' Briefs and the Vocation of a Law Professor," which raised serious questions about the ethics of law pr...
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Lawfare readers who followed our coverage and analysis of the al-Aulaqi drone strike last fall (archived here) may be interested to see the UK House of Commons Library’s recently released research briefi...
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With all the focus on the Iowa Caucuses today, there is scant news to share, but here goes:
FoxNews.com reported over the weekend that the U.S.
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In my haste to survey the NSL-related panels at this week's AALS Annual Meeting, I missed one of the "Hot Topics" sessions--a plenary discussion of "Political Crises and Constitutionalism: War," with a s...
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For our law professor readers, I thought I'd put together a quick post summarizing the national security-related panels at this week's AALS Annual Meeting here in Washington, D.C. Four panels, in particu...
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My post from last night has given rise to an interesting debate over at Opinio Juris over Lawfare's comments policy, with Kevin Jon Heller opposing our policy and Marko Milanovic giving it a qualified de...
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Anyone who wants to understand why Lawfare does not take comments need only take a brief look at this comment thread over at Opinio Juris blasting Lawfare--and others--for not taking comments.
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Last year, at this time, I wrote a hot-headed little post objecting the signing statement President Obama issued in connection with last year's defense authorization act. This year's signing statement, w...
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Happy New Year to all Lawfare readers. Starting this month, Lawfare will be offering a new feature, which I will be editing alongside the Book Reviews. This new feature (tentatively titled just plain "...
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I am emerging briefly from a much-needed, week-long blog hiatus to give warm greetings and wishes for the New Year to Lawfare readers everywhere, particularly those deployed in harm's way. The year that'...
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By Marty Lederman and Steve Vladeck*
[Cross-posted at OpinioJuris]
Section 1021 of the NDAA and the Laws of War
In our companion post, we explained that section 1021 of the NDAA will not have the dram...
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By Marty Lederman and Steve Vladeck*
[Cross-posted at OpinioJuris]
Editorial pages and blogs have been overrun in the past couple of weeks with analyses and speculation about the detainee provisions in...
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According to the AP, President Obama signed H.R. 1540, the National Defense Authorization Act, into law this morning in Hawaii. Below the fold is the text of the signing statement accompanying the bill:
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As Raffaella mentioned earlier, the Ninth Circuit released three opinions on Thursday relating to class action litigation against the government and major telecommunications companies (AT&T, Verizon, etc...
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A generally light news day.
Charlie Savage has this terrific piece in the New York Times on the GOP presidential candidate's views on executive power, based on their responses to a Times survey.
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There's been a fair amount of media and blog attention to the proposed new rules governing (and substantially widening) the government's access to communications between military commission defendants an...
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Headlines and Commentary took a short respite despite the plethora of goings-on this past week, so brace yourself for a lengthy news roundup today, as we go over some of the stuff you may have missed.
T...
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Published by Penguin Press (2011)
Reviewed by Benjamin Wittes
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Fayiz Mohammed Ahmed Al-Kandari has filed a petition for rehearing en banc with the D.C. Circuit Court in his case against the U.S. His singular question is whether the Federal Rules of Evidence apply to...