United States v.

This morning the Supreme Court released its opinion in Zivotofsky v. Clinton. In an 8–1 decision, it reversed the lower courts' dismissal of Menachim Zivotofsky's suit to have "Jerusalem, Israel" listed ...

Kate Martin of the Center for National Security Studies writes in with the following response to a post of mine last week on military commissions: I write simply to correct a bit of history.   In writing...

Over at Opinio Juris, Kevin Jon Heller offers the following objection to Haridimos Thravalos's guest post last night on Hamdan, conspiracy, and history: There is, however, a basic problem with Thravalos’...

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 ...

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 ...

The election that matters ... Carl Schmitt for County Supervisor.

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.

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...