Latest in Highlights
Published by The Lawfare Institute in Cooperation With 
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Secretary Gates on Rule of Law in Afghanistan and the Possible Expansion of ROLFF
In a speech today that criticized NATO coalition partners for their diminishing contributions to the Afghanistan effort, Secretary of Defense Gates said something remarkable about the rule of law in the ... -
Gabor Rona on Article 75 and Additional Protocols I and II
Gabor Rona (Human Rights First) joins the conversation sparked by the Administration's announcement relating to Additional Protocol II and Article 75 and Additional Protocol I. His comments appear in fu... -
D.C. Circuit Issues Stay in Almerfedi
Yesterday the D.C. Circuit resolved this interesting question in Almerfedi v. -
Why I Think the Obama Administration Did Not Extend Article 75 to Terrorists
There has been much confusion in recent days about this statement in the Administration’s Fact Sheet on Guantanamo and Detainee Policy: “The U.S. -
Cully Stimson on Art. 75 and Its Implications for Hearsay in Military Commissions
Cully Stimson, formerly the Deputy Assistant Secretary of Defense for Detainee Affairs and now at Heritage, raises an important issue with respect to the implications of Article 75 for the admissibility ... -
Al Madhwani Argument Summary
(By Benjamin Wittes and Larkin Reynolds) The D.C. Circuit has a remarkable collection of talent. I am constantly amazed at how well-versed its judges are in the record in the cases I watch and the wealt... -
New Legislation in the Senate
Several new bills were introduced in the Senate today by a shifting group of mostly-Republican senators. -
Libya, Domestic Authority, and the Proper Analogy
Bruce Ackerman and Oona Hathaway argue at the Huffington Post that President Obama lacks the constitutional authority to impose a no-fly zone in Libya in the absence of congressional authorization. Thei... -
The Dehn-Wala Exchange on Military Commissions Continues
John Dehn (West Point) has responded to Raha Wala (Human Rights First) in the latest round of their ongoing exchange relating to military commissions. Addressing Raha's most recent post, John writes: I ... -
An Analysis of the McKeon Legislation
House Armed Services Chairman Buck McKeon lost no time in introducing legislation in response to the President’s Executive Order yesterday. Here is a quick and dirty analysis. A word of disclosure is in... -
Cybersecurity Treaties: A Skeptical View
That is the title of an informal essay of mine, just posted as part of a collection of essays on future challenges in national security by the members of the Hoover Institution Task Force on National Sec... -
Has My Campaign Succeeded?
The New York Times editorial today contains a notable omission: It does not say that the long-term detention of people at Guantanamo Bay is illegal. For those who have followed my quixotic campaign (here...
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