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Does anyone have any idea what this is about?
In March 2011, the government made classified filings in 10 cases involving high-value detainees. The filings have never become public, and I have been wond...
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Slate has an interesting article on this report concerning the acquisition by German law enforcement agencies of software for surveillance:
Earlier this year, German politician Jan Korte submitted a s...
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The British Supreme Court---in its Michaelmas Term---has handed down the case of Secretary of State for Foreign and Commonwealth Affairs v. Rahmatullah. You might remember the Rahmatullah case, which we ...
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Well, here's the "publicly circulating" draft of the executive order on cybersecurity, helpfully entitled: White House Draft Executive Order (Publicly Circulating Copy - 11-1-12). Note however that is d...
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The top story of the day should be about the results of a Department of Energy investigation into the security of our nuclear facilities. Turns out that a contractor sent the questions and answers for a ...
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The Supreme Court is not the only branch of government focused on FISA. As many Lawfare readers will recall, Congress is currently considering reauthorizing Title VII of FISA, which is scheduled to expir...
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Back in March, we posted this teaser for our then-draft chapter on civil liberties and executive power during the War of 1812 which, as you all know, is celebrating its 200th anniversary this year. The b...
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Hurricane Sandy may have put your life on pause---and it shuttered Brookings, and hence, Today's Headlines and Commentary for two days---but the world continues to turn.
From the Pakistan Tribune comes ...
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Peter Margulies of Roger Williams School of Law writes in with the following comments on Hamdan II--following up on his post immediately after the decision:
Even if one agrees with the Hamdan II panel th...
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Over at Opinio Juris, Kevin Jon Heller notes a new draft article he has posted on SSRN regarding the legality of signature strikes under international law. Kevin assures me that "Lawfare types certainly ...
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Cornell's Jens David Ohlin has this interesting post over at his LieberCode blog, arguing that support offenses are far less necessary than Americans tend to think. It opens:
A pair of recent court deci...
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One last post on Hurricane Sandy. President Obama seems to get it even if the New York Times doesn't. As he said on Monday:
The most important message that I have for the public right now is, please li...