Latest in Highlights
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Haridimos Thravalos on Hamdan, Conspiracy, and History
I received this evening a most extraordinary guest post. It isn't every day that someone sends me a memo outlining how a four-justice plurality of the Supreme Court got a key historical point wrong in a ... -
The Need for an International Component to Pending Cybersecurity Legislation
I spoke last Friday at a symposium hosted by the Canada-US Law Institute at Case Western Reserve University School of Law, where the topic of the day was “The New Perimeter Initiative.” [For those who ... -
A Steady Hand and Under Control ... in a State of Emergency
The election that matters ... Carl Schmitt for County Supervisor. -
Greg Miller on Roger
Greg Miller of the Washington Post has this excellent profile of Roger, the enigmatic head of the CIA Counterterrorism Center and a principle architect of the drones program. -
Amicus Briefs in Latif
Two new amicus briefs concerning the petition for a writ of certiorari in Latif. The first is on behalf of thirteen retired federal judges, who offer four main arguments: -
Today's Headlines and Commentary
The New York Times and the Washington Post both report that Staff Sgt. Robert Bales will be charged with 17 counts of murder, along with other charges that will include attempted murder. -
How Much Does Law Constrain the President?
Forthcoming next month in the Harvard Law Review is an essay of mine entitled Law and the President. The essay, here, explores the extent to which law constrains the exercise of presidential power in bot... -
Corn and Glazier on the US-Afghanistan SOFA and Jurisdiction to Prosecute SSG Bales
Geoff Corn (South Texas) and Dave Glazier (Loyola-L.A.) write in with the following guest post concerning the US-Afghanistan SOFA and jurisdiction to prosecute SSG Robert Bales: Staff Sergeant (SSG) Robe... -
How To Declare War (Anno Domini, 1429)
Jhesus-Maria, King of England, and you, Duke of Bedford, who call yourself regent of the Kingdom of France, you, Guillaume de la Poule, count of Suffort, Jean, sire of Talbot, and you, Thomas, sire of Sc... -
Philip Bobbitt on the Individual Mandate and . . . Bioterrorism
Columbia legal scholar Philip Bobbitt just sent in this fascinating article on the constitutionality of the individual mandate as justified by biosecurity. If that sounds like a bit of a non-sequitur, we... -
Al Alwi: Cert Petition and Government Response Brief
The government filed its opposition to cert in the case of Moath Hamza Ahmed Al Alwi--a Guantanamo habeas petitioner. Al Alwi filed a petition for a writ of certiorari back in December, though we missed ... -
Obama Administration and Military Commissions: Response to Steve
I don’t believe, as Steve suggested in his good response to my Slate essay on military commissions, that Obama’s continuation of military commissions is “a validation of . . .
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