A very smart friend of mine over the weekend mentioned to me that the link in Larry Solum's post about my new paper last week did not, in fact, take him to my new paper about "Defamation and Treason in t...

As part of my blood oath to spend the next few years writing on subjects other than detention, I have just released this paper on the inadequacy of privacy as a conceptual framework for regulating person...

Over at SCOTUSblog, Lyle Denniston takes note of the fact that the Supreme Court during last Friday’s conference had before it the cert. petitions for several GTMO-related cases.

The D.C. Circuit also heard oral arguments today in El Falesteny v. Obama, some sort of Guantanamo case that is kept so tightly under seal that even the subject matter of the appeal seems to be a mystery...

Today the D.C. Circuit heard oral argument in Gul v. Obama and Hamad v. Obama, the consolidated appeals that ask whether a federal district court has jurisdiction to consider the claims of habeas petitio...

Larry Solum's Legal Theory Blog, which among other things posts links to all manner of forthcoming legal scholarship, is always worth reading...but above all he's worth reading on April 1st.   Who knew B...

The House Armed Services Committee has formally assigned a subcommittee to investigate recidivism and treatment issues related to transfers from Guantanamo. In this letter to Reps.

Former U.S. District Judge James Robertson published this interesting letter to the editor in the Washington Post. Judge Robertson is, to my knowledge, the first member of either the district court or th...

Rep.

I’m very happy to present this very interesting and useful summary produced by Ryan Sylvester, a third-year student at Fordham Law: On March 10, 2011, the U.S. Department of State posted its Response to...

Senator Rand Paul has attached the following Amendment to S.

Josh Rogin has an intriguing post up over at the Cable, detailing an interview with HPSCI Chairman Mike Rogers (R-MI) concerning the ongoing debate regarding whether to arm the Libyan rebels.  There is m...

As Ben mentioned yesterday, the D.C. Circuit’s new Uthman decision signaled a notable clarification in how lower courts should consider evidence in habeas cases: When considering whether a detainee is "p...

On Monday, counsel for the habeas petitioners Farhi Saeed Bin Mohammed and Omar Khadr replied to the government's oppositions to their cert. petitions. The Khadr reply is short, and the Mohammed reply e...

Peter Margulies of Roger Williams University School of Law offers the following brief comment on yesterday's D.C.

Habeas lawyer David Remes sent me the following the other night from Guantanamo. I am not sure what to say about it, so I pass it on without comment: Being in Guantanamo, visiting clients who understan...

The recent decisions from the D.C. Circuit (the Mohammed dismissal and Uthman reversal), as well as some activity in the district court, meant an update to the habeas numbers was in order: -       Uighur...

The D.C. Circuit continued this morning its broad-based, cross-ideological conspiracy to mess up my schedule. I was returning this morning from a perfectly delightful trip to Saratoga Springs, NY to teac...

In a post this morning at Balkinization, Mark Tushnet argues that President Obama need not seek Congressional approval for U.S. participation in the Libyan Civil War because this armed conflict is not a ...

Today a D.C. Circuit panel of judges Garland, Griffith, and Kavanaugh reversed and remanded, with instructions to deny, Uthman v. Obama (Case No. 10-5235). Uthman is the merits appeal concerning habeas p...