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New Rand Paul Draft on Detention
Sen. Rand Paul's office has been circulating the following draft amendment---which is rather different from his earlier version: sec. [____]. -
Readings: Orin Kerr on "A Theory of Law"
Fourth Amendment scholar Orin Kerr has written a very important--and readably brief--law review article in The Green Bag entitled, "A Theory of Law." I commend it to all Lawfare readers who have ever had... -
Jenks on Criminal Jurisdiction as a Dealkiller for a US-Afghan SOFA
Over at OJ, Chris Jenks (SMU Law) contends that US-Afghan negotiations for a post-2014 SOFA are likely in the end to come apart over the question of Afghan criminal jurisdiction over U.S. servicemembers.... -
Scott Shane on Codifying US Drone Rules
Scott Shane of the New York Times has an interesting story in tomorrow's paper: Facing the possibility that President Obama might not win a second term, his administration accelerated work in the weeks b... -
Veteran Nation
As we all recover from Thanksgiving, I wanted to share with Lawfare readers this video. It's the trailer from a forthcoming movie entitled Veteran Nation that is being produced by Coldwater Media and a ... -
Lisa Monaco Speech on Cyber---A Little Late
I'm not sure how I missed this last month, but Lisa Monaco---assistant attorney general for national security---gave a speech on cybersecurity and NSD's bureaucratic and substantive response to the probl... -
Happy Thanksgiving
This has nothing whatsoever to do with national security or law. But the Washington Post this morning reprinted one of my favorite editorials written in the time I worked there---a work of sheer editoria... -
Today's Headlines and Commentary
Let’s begin with some good news that came down the pike just in time for Turkey Day: A cease fire has been declared in the Israel-Gaza conflict as of 2 pm EST, reports CNN. Michael Birnbaum and Ernesto L... -
Appellee Brief in Al-Nashiri v. MacDonald
Vice Admiral (Retired) Bruce MacDonald, the Convening Authority for the military commissions at Guantanamo Bay, has filed his appellate brief in Al-Nashiri v. -
Diane Rehm Show Episode on Gaza Conflict
NPR and WAMU's Diane Rehm Show yesterday had a remarkably sophisticated and serious hour on the Gaza conflict. Well worth a listen for anyone who's interested in the ongoing unpleasantness there. Guests ... -
Senator Paul and the Due Process Guarantee Act
Senator Rand Paul’s rumored detention amendment got me reminiscing about S.2003, better known as the Due Process Guarantee Act (“DPGA”). Remember this? -
US v. Stanley and Moocherhunter
Over at the Volokh Conspiracy, my friend Orin Kerr has a fascinating post on the case of US v. Stanley. It isn't strictly cybersecurity but the case itself is still worth reading.
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