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A Clue About the Origins of "Imminence" in the OLC Memo?
There's a lot to discuss about the OLC memo on the al-Aulaqi strike---including, as Ben mentioned yesterday, the origins and significance of "imminence." (There's also excellent analysis over at Just Se... -
Steptoe Cyberlaw Podcast, Episode #25: An Interview with Ralph Langner
This week in NSA: The House passes an NDAA amendment to regulate “secondary” searches of 702 data, and the prize for Dumbest NSA Story of the Month Award goes to Andrea Peterson of the Washington Post fo... -
Two Quite Important Rulings Today
Coincidentally, they come to us from two different federal judges in the District of Oregon. The first decision concludes that remedial mechanisms associated with the so-called "No Fly" list violate due... -
Whence Imminence in that Drone Memo? A Puzzle and a Theory
On May 27, a unanimous Supreme Court---to little notice from just about anyone---handed down a case called Plumhoff v. Rickard, which dealt with a police shooting and a claim of excessive force during a ... -
Today's Headlines and Commentary
Civil strife and bloody violence rage on in Iraq. -
Readings: Through Our Glass Darkly: From 'Universal' to 'Extraterritorial'?
Apologies for Shameless Self-Promotion, but I wanted to mention an essay of mine that came out a couple of months ago as part of an excellent symposium on the work of Harvard Law School's comparative law... -
The Al-Aulaqi OLC Memo: A Quick and Dirty Summary
I have this feeling that a lot of people are going to mischaracterize the just-released OLC memo on the Anwar Al-Aulaqi strike. Just a guess. So before expressing any opinions on the subject or arguing w... -
Second Circuit Releases Redacted OLC Drone Memo
The Second Circuit has just released a redacted version of the OLC Drone Memo--here is the memo; here is the panel's full, revised April 21, 2014 decision with the memo appended at page 67. You'll recal... -
Bits and Bytes
Cyber Attack on Hong Kong Among Largest Ever. "The online voting platform for the unofficial referendum now underway on Hong Kong’s political future has been subjected to one of the most severe cyberatt... -
How Dumb Is This?
I yield to nobody in my capacity to be surprised by Congress, but sometimes even I get a bit of a shock. I totally get the idea that everyone is angry at the NSA. And, indeed, I've spoken publicly abou... -
Today’s Headlines and Commentary
This morning, the New York Times cites recent Western officials and experts who have indicated that Iraq's military forces are "combat ineffective" and its leadership is crippled by corruption. In an int... -
Lake and Rogin on Absence of Immunity for U.S. Troops in Iraq
Eli Lake and Josh Rogin have a revealing story entitled Obama Flips on Immunity for U.S. Troops. It begins: President Obama pulled U.S. forces out of Iraq in 2011 because he couldn’t get Iraq’s parliame...
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