A big Monday-morning quarterback question since ISIL began overrunning parts of Iraq as Iraqi military forces collapsed has been whether the United States should have kept in place a significant residual...

Marty Lederman has a thoughtful response over at Just Security to my post from yesterday.

Joshua Bleiberg has a post on the Brookings Tech Tank blog summarizing Ryan Calo's new paper, which argues for a Federal Robotics Commission to broker the regulatory and legal issues new robotic technolo...

Permit me a small amount of self-promotion, with apologies.  But ABA Publishing has, today, released a new book, Whistleblowers, Leaks and the Media: The First Amendment and National Security, of which I...

Earlier this year, I published an article called "Folk International Law," in which I argued that there were many unappreciated and little understood costs to the convergence of LOAC and international hu...

Last Monday, I had 60 followers on Twitter. Today, I have more than 4,300. Not to brag or anything, but that's more than Benjamin Wittes; more than Bobby Chesney; more than Jack Goldsmith; more than my b...

For the two people still following the exchange between me and Peter Margulies over the bottom-side briefing in the al Bahlul D.C.

My Brookings colleagues Daniel Byman (who is, among other things, Lawfare's Foreign Policy Editor) and Jeremy Shapiro (who is, among other things, a demon with a barbecue and a slab of meat), have a new ...

How much deference should Congress receive in determining when military commissions are necessary incidents of war? That’s the real nub of the dispute between Steve and amici arguing to the D.C. Circuit...

Benjamin Weiser of the New York Times has the scoop on the plea bargain, about which U.S.

Harold’s Koh’s grudging defense of the domestic legal basis for President’s Obama’s use of force against the Islamic State in Iraq and Syria is important.  It adds little new to other defenses of the Pre...

I must confess that I don't fully understand Peter Margulies' response to my post from earlier today. My post argued that the bottom-side briefing in the D.C.

Steve’s post arguing that the military commission conviction of former bin Laden aide Ali Hamza al Bahlul for conspiracy to murder civilians violates Article III does not do justice to the Framers’ caref...

You read that right: Hong Kongers have found an app that allows users to communicate without using the Internet or mobile signals. Specifically, the Firechat app utilizes Bluetooth technology to allow u...

So reports the Associated Press this morning.

Jane already flagged the merits brief filed by the U.S. government on September 17 in al Bahlul v. United States, the major challenge to the power of the Guantánamo military commissions to try non-intern...