In an earlier post I commented on the politics of the cybersecurity debate.  I wrote: "One final piece of the political calculus is what the Administration wants.  Right now all public signs are that the...

Defense counsel for the five alleged 9/11 co-conspirators  have filed several motions challenging the closed-door nature of some military commission proceedings. Although the filings haven't been releas...

Late yesterday, the House sponsors of the CISPA cybersecurity legislation (to be considered tomorrow) announced a series of amendments to the bill intended to address some of the concerns advanced by pri...

In an essay entitled Law and the President that I've just published in the Harvard Law Review, I began by providing a brief historical and political perspective on shifting views of presidential power ov...

For New York-area readers, the American Constitution Society and the Brennan Center for Justice are co-sponsoring an "intra-progressive" debate tonight at the Brennan Center, featuring Marty Flaherty fro...

A very interesting exchange on the topic here.

Yesterday, Jack posed the question of what ever happened to the periodic review process that President Obama had ordered for long-term detention review at Guantanamo Bay. "I have heard little about these...

This is going to be the shortest oral argument summary ever. In fact, I can do it in five sentences: (1) Chief Judge David Sentelle opens the hearing by announcing that it can't be held in open session ...

Is al Qaeda in the Arabian Peninsula (AQAP) so distinct from the original al Qaeda network (“core al Qaeda”) that the use of force against AQAP cannot be justified, as a matter of U.S.

In United States v.