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The other day, I expressed bewilderment at the intellectual convergence between the political Left and Judge Laurence Silberman over whether post-Boumediene litigation has left habeas an empty shell.
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Jessica Stern, a well-known scholar on terrorism and the author of Terror in the Name of God and, more recently, Denial: A Memoir of Terror, has just published this enlightening article in The National I...
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One GTMO-related case—Khadr v. Obama (No. 10-751) remains pending before the Supreme Court at the certiorari stage, and it has just been re-listed for the first time (Kiyemba, in which the Court just den...
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Those who access Lawfare on a mobile device, such as an iPhone or a Blackberry or an Android phone, will notice that the site looks different today. As an experiment, I have installed software to optimiz...
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The Harvard National Security Journal has just posted a very interesting essay by Steven Bradbury entitled The Developing Legal Framework for Defensive and Offensive Cyber Operations.
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Today the Supreme Court denied cert. to the five Uighur detainees held at Guantanamo.
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Two quick comments on today's New York Times editorial:
First, the Times begins with a remarkable normative assertion: "In bringing justice to those accused of plotting the Sept.
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Columbia Law Professor Trevor Morrison has this lengthy review essay in the Harvard Law Review of Bruce Ackerman's new book, The Decline and Fall of the American Republic. The essay, entitled "Constituti...
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The Onion has the story:
WASHINGTON—After two years of false starts and protracted legal wrangling, President Barack Obama signed an executive order Tuesday authorizing the transfer of all 172 Guantánamo...
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It isn't every day that a representative of the National Security Agency gives a public speech on the agency's understanding of "Protecting Civil Liberties in a Cyber Age." So I thought I would take good...
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Yesterday the House Armed Services Committee's Subcommittee on Oversight and Investigations held a hearing on Guantanamo Detainee Transfer Policy and Recidivism.
The link to the hearing Web site, which ...
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Bobby and I just finished an unusually good panel at the annual Duke University national security law conference. It was entitled "Indefinite Detention of Terrorists" and was one of the best such events ...