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Kiobel: Obama Administration Supports Shell, Argues ATS Should Not Apply to Aiding-and-Abetting Suits Against Foreign Corporations, Leaves Open Possibility of Suits Against U.S. Corporations
In a surprising development, the Obama Administration today filed an amicus brief in the Kiobel case in partial support of Shell Oil, arguing that the Alien Tort Statute should not be applied to allow a ... -
Guilty Plea in al Shabaab Case in New York
[Update: Ben Weiser's coverage in the Times points out that real benefit of the plea for Ahmed of course was to avoid the firearms charge, which entailed a thirty year minimum. Ben also confirms that Ju... -
Remes on Koh's "Enemies of the State" Language
David Remes writes in with the following observation: Yesterday, Ben questioned the propriety of Harold Koh's reference to "enemies of the state" at a State Department event marking the thirty-fifth anni... -
Reviews of “Power and Constraint”
I have not linked to the reviews of my book Power and Constraint as they have appeared, but by now there are enough reviews – by Gary Schmitt in the Weekly Standard, Christopher Caldwell in the NYT, Roge... -
Senator Paul's Proposal to Curb Domestic Drone Surveillance
FAA, eat your heart out. From The Hill, we learn that Senator Rand Paul (R-KY) has proposed legislation to curb the use of drones for domestic surveillance. The heart of his "Preserving Freedom from Un... -
Today's Headlines and Commentary
The Huffington Post has this story on the never-ending saga of the leaks, which provides a thorough assessment of the government's charging options and a historical context of prior leak investigations, ... -
"The Hunt for KSM: Inside the Pursuit and Takedown of the Real 9/11 Mastermind, Khalid Sheikh Mohammed," by Terry McDermott and Josh Meyer
Published by Little, Brown & Company (2012) Reviewed by Wells Bennett -
Speaking of the New York Times Editorial Page
Steve's mention earlier that he was positively soft on the D.C. Circuit compared to the Times reminded me that we haven't seen any sign yet of the inevitable editorial bashing the justices for failing to... -
Five Rulings on Threshold Challenges in Al-Nashiri, Three Unsealed and Two to Come
Your Lawfare day is winding down at long last. You’ve just savored a scholarly exchange on the D.C. Circuit’s fidelity to Boumediene. The table is cleared, and you've just settled into your comfy, over... -
Harold Koh on Guantanamo
At a recent conference on the 35th year of the State Department's Bureau of Democracy, Human Rights and Labor, State Department Legal Adviser Harold Koh made the following comments about Guantanamo: I be... -
Final Thoughts on DC Circuit Fidelity to Hamdi/Boumediene
A few final thoughts on the topic of DC Circuit fidelity to Hamdi and Boumediene, for the three people still paying attention to us (hi Mom!). -
My Last Word (for Now) on the D.C. Circuit and Boumediene
At the risk of boring readers who have long-since grown tired of this exchange, let me just offer three quick responses to Bobby's thoughtful intervention in the back-and-forth between Ben and me on whet...
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