Latest in Highlights
Published by The Lawfare Institute in Cooperation With 
-
Lawfare Access Update
I have a bit more information regarding the Defense Department's bizarre efforts to stop people from reading Lawfare on grounds that we may be hosting Wikileaks cables (which we are not). I am told that ... -
Some Thoughts on Judge Bates' Decision
Five thoughts on Judge Bates' Al Aulaqi decision: First, as far as I'm concerned, there is really only one surprising thing about the decision, whose holdings any Lawfare reader could have anticipated r... -
Closing GTMO Just Got Harder
Earlier this year Congress required the DNI to make publicly available unclassified summaries of information about the recidivism of released GTMO detainees as well as an assessment of such detainees’ li... -
What ACLU and CCR Won in al-Aulaqi
Judge Bates wrote a solid, careful, and in my view persuasive opinion in al-Aulaqi. The opinion is clearly a victory for the government. But it was not without small victories for ACLU, CCR, and others... -
Outline of the Al-Aulaqi Opinion for Those in a Rush...
Don't have time to read the 83-page opinion in Al-Aulaqi? Here are the key points in outline format, sans commentary: I. Does Al-Aulaqi’s father have standing to assert his interests? A. -
Initial Thought on Al Aulaqi and the Press
I wonder how many media outlets that misleadingly made the government's invocation of the state secrets privilege the central feature of their coverage of its arguments will eat crow in light of Judge Ba... -
More Response to Brig. Gen. Martins
Jacob Bronsther, a third-year student at NYU Law School, who spent time as a Fulbright Scholar studying the the Muslim community in Mauritius, sent Brig. Gen. Mark Martins comments on his guest posts, wh... -
Al Aulaqi - Judge Bates Grants Government's Dismissal Motion
Opinion here. More to come after we've had a chance to digest the full opinion. UPDATE: Below are selected excerpts from the opinion (footnotes omitted). Excerpt from introduction: This is a unique ... -
When Does the War on Terror End?
I met Adam Klein, then a first year law student, sometime back, when his professor, Matthew Waxman, sent him my way. Matt had suggested that Adam work with me for his 1L summer and told me he was excepti... -
New Cert. Petition-Khadr v. Obama
Today, Omar Khadr and fellow habeas petitioners filed a cert. petition in one of a number of non-merits Guantanamo matters. The petition challenges the D.C. Circuit's September decision to vacate several... -
Guest Post: Tom Nachbar on COIN, Lawfare, and the Rule of Law
We are very pleased to present this guest post by Professor Tom Nachbar, who teaches antitrust, communications law, and constitutional law at the University of Virginia. Tom is also an Army Reserve judge... -
Espionage Act Amendments
Senators Joseph Lieberman, John Ensign, and Scott Brown have introduced a bill to amend the Espionage Act in order to facilitate the prosecution of folks like Wikileaks. The bill is confusingly called th...
Topics
