Back in January, we devoted a fair amount of attention to the DOJ Supplemental Brief in the al-Bahlul military commission appeal--and the rather significant internal debate within the Administration abou...

This week, Attorney General Eric Holder and DCIA nominee John Brennan both responded, separately and in writing, to Senator Rand Paul's inquiry regarding the government's authority to use lethal force ag...

One of the more interesting structural constitutional questions to emerge from the post-9/11 detention litigation has been the previously under-explored relationship between the Constitution's Suspension...

The following guest post is the latest in a series comprising a debate as to whether LOAC requires an attempt to capture rather than a first-resort to lethal force in some circumstances.  The debate invo...

Now embeddable---at long last:

I went to see a wonderful performance of Henry V this afternoon at the Folger Shakespeare Library---and I came away thinking about the law of armed conflict. I have wondered about early literary invocati...

Robot watchers likely know about the FAA’s recent solicitation of applications from entities desiring to operate one of six experimental test sites for domestic drones. Last year, Congress ordered the F...

Amidst all the hubbub earlier this week, we neglected to note the filing of a new cert. petition in a Guantánamo habeas case--in Obaydullah v. Obama, filed in the Supreme Court on Tuesday. Our coverage o...

The following guest post is the latest in a series comprising a debate as to whether LOAC requires an attempt to capture rather than a first-resort to lethal force in some circumstances.  The debate invo...

In other habeas news, detainee Obaydullah has noted his appeal to the D.C.