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Susan Landau is currently a visiting scholar at Harvard's Computer Science Department, formerly a Distinguished Engineer at Sun Microsystems, and the author of Surveillance or Security? The Risks Posed b...
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Tomorrow morning, a panel of three judges from the United States Court of Appeals for the District of Columbia Circuit (Chief Judge Sentelle along with Circuit Judges Ginsburg and Kavanaugh) will hear ar...
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I don't think today's Ninth Circuit decision throwing out Jose Padilla's damages suit against John Yoo is particularly surprising--notwithstanding the typical (albeit utterly and alarmingly inaccurate) t...
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The 9th Circuit Court of Appeals has reversed a district court decision allowing Jose Padilla to sue John Yoo. Writing for a unanimous panel consisting of himself, 9th Circuit Judge N. Randy Smith, and R...
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The government's opposition to cert in Latif is now public. The government argues that "The decision of the Court of Appeals is correct and does not conflict with any decision of this Court or any other ...
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This is an interesting issue I have not yet seen before in a Guantanamo habeas case. Some time back, a detainee named Abdu Al-Qader Hussain Al-Mudafari filed a motion to dismiss his habeas petition witho...
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My Brookings colleague Daniel Byman and I have a paper out on the Brookings web site on terrorism as an issue in the 2012 presidential campaign. The paper is high-altitude and not chiefly about law. It i...
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A storm of press on the President's visit to Afghanistan yesterday, where he signed a strategic partnership with Afghan President Hamid Karzai outlining relations between the two countries after American...
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Back in March (so, well before John Brennan's new remarks on the issue), my friend and colleague Mike Lewis from Ohio Northern and I participated in a "teleforum" debate for the Federalist Society on the...
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Over at Opinio Juris, Gabor Rona of Human Rights First offers an extended critique of John Brennan’s speech on the use of lethal force. It is an interesting and provocative post, leading me to share a f...
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Peter Baker has a post on the NYT’s page that marks the similarities between the just-announced sole executive agreement negotiated with Afghanistan with the one the Bush administration negotiated in Ira...
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In his book Takeover, Charlie Savage analyzed a draft speech by Richard Cheney for a 1989 Conference at AEI that Cheney never delivered because he was nominated to be Secretary of Defense. Charlie has n...