Below the fold, I'm pasting in a reply by Jon Hafetz from Seton Hall to last Friday's post by Marty Lederman and me on the new Feinstein Amendment and the military detention of non-citizens apprehended w...

Last week I noted that U.S.-blessed Qatari arms shipments meant for Libyan rebels were diverted to Islamist terrorist groups in North Africa.  This morning’s papers imply the possibility of something sim...

Last week in DC, the ABA Standing Committee on Law and National Security put on its annual "review of the field" conference.  It was a great event, as always.  One of the highlights was a very interestin...

Just after the election, I wrote:  As we have often discussed on this blog, and as Bobby has best documented, terrorist organizations that threaten the United States are increasingly difficult to fit und...

Steve and Marty make what seem to me very valid legal arguments in response to Jonathan Hafetz’s post on Opinio Juris, in which Jonathan argues that the Feinstein Amendment’s principal effect would be to...

Raha Wala of Human Rights First writes in with this comment on Jeh Johnson's Oxford Speech: Ken and Jack are right that DoD General Counsel Jeh Johnson, in his remarks at the Oxford Union, made a serious...

As Wells and Steve noted last week, the Senate approved the “Feinstein Amendment” to the FY2013 National Defense Authorization Act (NDAA). The Amendment, if enacted, would impose a clear statement rule f...

John C.

Over at Washingtonian, Shane Harris has a very generous blog post about Ritika and my recent chapter on James Madison and civil liberties during the War of 1812---which was published as part of a recent ...

It doesn't strictly fit into the Lawfare domain, but this episode was interesting enough that it seemed worthy of a blog post:  The Republican Study Committee (a very conservative caucus within the House...