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The following guest post is from Professor Jeffrey Kahn of SMU Law. Jeff is the author of Mrs. Shipley's Ghost: The Right to Travel and Terrorist Watchlists, a terrific book recently published by Univer...
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This season makes me think of the story of the Christmas truce of 1914 in the trenches of the Western Front. With warm wishes to all of of Lawfare's readers and especial thanks to those of our readers wh...
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Continuing coverage of the President's Review Group Report: Ben posted a detailed two-part (so far) analysis in which he separates "the good from the bad, and both from the unimportant" in the Review Gro...
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Having now read Judge William Pauley's opinion in ACLU v. Clapper, I am largely, though not completely, in agreement with Peter Margulies's assessment of the matter. The opinion is a useful corrective to...
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Friday’s ruling by S.D.N.Y. judge William H. Pauley in Clapper is a welcome corrective to the anti-metadata clamor triggered by Judge Leon’s Klayman opinion and the President’s Review Group Report. Whil...
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Shortly before Christmas, counsel for Guantanamo detainee Mukhtar Yahia Naji Al Warafi filed a petition for a writ of certiorari in his habeas petition, having been denied earlier this year an en banc re...
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When President Obama signed the NDAA of 2014 yesterday, the Act did not include the amendment to the Anti-Terrorism Act, about which I posted earlier this month that would have allowed suits by non-US na...
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President Obama signed the Bipartisan Budget Act and the 2014 National Defense Authorization Act yesterday. The Budget Act restores billions in discretionary funding to the Defense Department and include...
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In response to the government's brief, counsel for the Plaintiffs in Al Laithi v. Rumsfeld et. al. filed a reply brief on Dec. 18th. (The Plaintiffs---all former Guantanamo detainees---allege various a...
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Evgeny Morosov has an interesting piece in the FT that asks about the broader and mostly ignored implications of Snowden’s revelations about the scope of NSA surveillance. He argues that controlling the...
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The second day of Christmas has brought glad tidings for two defendants in the longest-running of all major ATS cases: earlier today, Judge Scheindlin dismissed the last two foreign corporate defendants ...