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Ben's Two <i>Al-Zahrani</i> Questions
Ben's two questions in response to my post yesterday on the D.C. -
A Question for Steve on Zahrani
Steve is quite right that yesterday's decision in Al Zahrani is no surprise. -
Today's Headlines and Commentary
Apologies for the delay on this post today. It was in every sense Ben's fault. Protests have erupted at Bagram over NATO personnel who disposed of Korans by burning them. -
Drone Warfare Getting Out of Hand
Here is your moment of Not-Zen for the day (with thanks to my student Daniel). (With apologies to the senior editors of Lawfare for momentarily lowering the tone.) -
Readings: Eric De Brabandere on Corporations in the International Legal System
With the Supreme Court scheduled to hear arguments over corporate liability in the Alien Tort Statute later this month, this short book chapter makes for a good, useful read. Dr. Eric De Brabandere is a... -
The Subtle New (Constitutional) Holding in <i>Al-Zahrani</i>
Given Ben's report on the oral argument, today's fairly cryptic D.C. Circuit opinion in al-Zahrani v. Rodriguez, throwing out a damages suit arising out of the deaths of several inmates at Guantanamo, is... -
Lawfare Podcast Episode #3: Joel Brenner on America the Vulnerable
Joel Brenner, who served as inspector general of the National Security Agency and as the national counterintelligence executive in the DNI's office, joined Jack the other day to discuss his new book, Ame... -
Wikileaks, Government Prosecutions, Secrecy
In his NYT column today, Bill Keller argues that Wikileaks “was a hell of a story and a wild collaboration, but it did not herald, as the documentarians yearn to believe, some new digital age of transpar... -
<i>Clapper v. Amnesty Int'l</i>: Secret Surveillance, Standing, and the Supreme Court
Friday afternoon, the Obama Administration filed a cert. petition in Clapper v. -
The Regulatory Provisions of the Cybersecurity Act of 2012
When I was younger, I didn’t like to eat my peas. So I always put them off for last, but eventually, I’d realize that it was something I had to do and … just do it. I feel a little like that in writing... -
Republican Challenges to the Cybersecurity Bill
Late last week, seven senior Republican Senators sent a letter to Majority Leader Harry Reid, complaining that the Cybersecurity Act of 2012 was being rushed through and that they had not been adequately... -
Interview with Michael O'Hanlon on AfPak
Two days ago, I posted video and audio of a Brookings Campaign 2012 event on policy towards Afghanistan and Pakistan in the next administration. The event featured a paper entitled, “Maximizing Chances f...
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