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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...
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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...
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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...
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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...
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This past week two detainees who lost their habeas merits appeals before the D.C.
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In light of the recent discussion on Lawfare of WikiLeaks and the Espionage Act, some readers might be interested in Jennifer Elsea's October 2010 CRS Report on Criminal Prohibitions on the Publication o...
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A piece in today's Washington Post opens with the claim that the government has been caught up in illegal surveillance: "The federal government has repeatedly violated legal limits governing the surveill...
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Those of you concerned about the Wikileaks disclosures will be reassured to know that the military IT folks are on the case and are aggressively cracking down on--drum-roll, please--us. That's right, fol...
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The other day I posted some data on the recidivism rate among detainees in Afghanistan, culled from a report DOD recently submitted to Congress. That same day, it turns out, Vice Adm.
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There are 48 proferred amendments to the FY 2011 Defense Authorization Act, and I'm not going to pretend to have read through them all. But I'm pretty sure that if I did, Amendment 4704--the only one I h...
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Can an Iraqi citizen sue the U.S. government to get financial relief when U.S.
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I was unaware when I wrote my post this morning that my frequent sparring partner Steve Vladeck had given testimony on the Espionage Act and related statutes this past spring. It is an excellent primer o...