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Clive Walker on Rahmatullah
Clive Walker, a professor of law at the University of Leeds, responds to the following comment in my Rahmatullah post: "It’s funny how courts discover deference when they realize that they have no power ... -
Enforcing International Treaties in U.S. Courts @ OJ
There's a fun virtual symposium underway over at Opinio Juris on a new article by Oona Hathaway, Sabria McElroy, and Sara Aronchick Solow titled "International Law at Home: Enforcing Treaties in U.S. -
Today's Headlines and Commentary
Protests in Afghanistan over the burning of Korans by NATO soldiers saw their deadliest day today with at least 10 casualties, says the New York Times. Guess a presidential apology only goes so far. -
Extraterritorial Application of the Alien Tort Statute: "A Noble Cause That Goes Too Far"
The Kiobel case will be argued next Tuesday before the Supreme Court. I have an op-ed in today's Washington Post (headlined in the print edition "A Noble Cause That Goes Too Far") about the foreign poli... -
Might Daqduq Face a Military Commission One Day After All?
[Update: Over at Opinio Juris, John Dehn raises the interesting and important question whether it would be constitutional for a commission to convene at this point in regards to events in Iraq, given lan... -
Lawfare Podcast Episode #4: Bobby on the Title 10/Title 50 Debate
On today's episode of the podcast, Bobby discusses his encyclopedic new Title 10/Title 50 article with Jack. The article, “Military-Intelligence Convergence and the Law of the Title 10/Title 50 Debate,” ... -
Kevin Jon Heller's Response to My Rahmatullah Piece...
...is entitled "Ben Wittes' Appalling Take on Rahmatullah." I wonder what he really thinks, though. -
Discovering Deference: The Rahmatullah Climb-Down
It is always an awkward spectacle when a court has to climb down, having issued an opinion that it has no real power to effectuate. That's what has now happened in the British Court of Appeals in the cas... -
Today's Headlines and Commentary
In breaking news, Majid Khan, a high-value Guantanamo Bay detainee, has reached a plea deal with prosecutors that "calls for him to testify at the trials of other detainees in exchange for a much-reduced... -
SCOTUS Cert Petition Filed in Al Kandari
Fayiz Mohammad Al Kandari, a Guantanamo detainee, has filed a petition for a writ of certiorari in his habeas case. This comes after the D.C. Circuit denied his petition for en banc review in late Januar... -
Thoughts On Judge Pohl's Order and Ruling
I have two thoughts on Military Judge James Pohl's order and ruling, which I have now read. The first is that on the narrow issue of the appropriate procedure for screening mail, this is largely a win f... -
Liability and the Cybersecurity Bill
In an earlier post about the information sharing provisions of the cybersecurity bill pending in the Senate I highlighted the issue of liability protection and the preemption of State law, musing that th...
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