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Chief Justice Roberts: De-Chevronizing U.S. Foreign Relations Law
Eric Posner and Cass Sunstein argue in an article from 2007 that U.S. foreign relations law should be “Chevronized,” meaning that courts should defer to the executive branch in interpreting ambiguous tre... -
Rand Paul Announces Filibuster of David Barron
How very unpleasant: Rand Paul announces, only semi-coherently, that he is filibustering David Barron's First Circuit nomination. The statement reads: "I've read David Barron's memos concerning the lega... -
The Intelligence Legitimacy Paradox
I have spent the day, which is not over yet in Palo Alto, at a conference at the Hoover Institution on "Intelligence Challenges." The rules of the workshop, unfortunately, prohibit me from disclosing who... -
Targeting Non-Al Qaeda Members in Yemen (?): The Role of Consent
The other day both Bobby here and Ryan Goodman at Just Security here picked up on news reports that DOD may be willing to provide additional military cooperation (including logistics and direct fire capa... -
On the Rights of GTMO Detainees Upon Transfer to the United States
Back in February, I noted a provision tucked away in last year's National Defense Authorization Act: Section 1039, which obligated the Administration to study and report back to the House and Senate Judi... -
Today's Headlines and Commentary
We begin with the NSA. As I noted yesterday, the ODNI and the DOJ declassified a new tranche of documents. -
Newly Declassified FISC Filings and 215 Orders
IC on the Record has the latest document dump: Today the Office of the Director of National Intelligence and the Department of Justice released, in redacted form, a previously classified series of Foreig... -
Today's Headlines and Commentary
Lots of news coming out of Syria today. First, we are told by the Human Rights Watch that there is “strong evidence” that the Syrian government has used chemical weapons against its people as recently as... -
Steptoe Cyberlaw Podcast, Episode #19: An Interview with Chris Painter
This episode of the Steptoe Cyberlaw Podcast features an interview with Chris Painter, the State Department’s Coordinator for Cyber Issues. Chris had a long and distinguished career at the Justice Depar... -
Bits and Bytes
Estonian Voting. A new group, Estonia Voting, claims that there are major cybersecurity gaps in the Estonian electronic voting system: “As international experts on e-voting security, we decided to perfor... -
Today's Headlines and Commentary
Iran claimed on Sunday that it had successfully recreated an American drone allegedly captured in 2011. -
David Cole on Glenn Greenwald's New Book
The best review I have seen of Glenn Greenwald’s new book No Place to Hide is by David Cole in the Washington Post, who concludes: This is an important and illuminating book.
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