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Three More (Ambivalent) Reflections on the Holder Speech
The more I think about Attorney General Holder's defense of targeted killings in his speech @ Northwestern last Monday--and the various reactions thereto--the more confused I become. To be sure, this con... -
Stop Press: Supreme Court Orders Kiobel Reargued to Address Extraterritoriality
In a surprising development, less than a week after last Tuesday's oral argument in Kiobel v. -
Text of the Attorney General's National Security Speech
As promised, Attorney General Holder delivered an address on law and national security today at Northwestern Law. The speech covered an array of topics, including a defense of the legitimacy of military... -
A Major Address on the Law of Targeted Killing? AG Holder to Speak at Northwestern Law on Monday Afternoon
In late January, Daniel Klaidman reported that the administration was inclined to have Attorney General Holder give a major speech specifying additional details regarding the legal framework governing th... -
TVPA Lawsuit Against Sri Lanka President Dismissed, after Administration Submits Delayed Suggestion of Immunity
On February 29, Judge Kollar-Kotelly of the District Court for the District of Columbia dismissed a lawsuit brought under the Torture Victim Protection Act against President Rajapaksa of Sri Lanka, based... -
I Hadn't Noticed This Before
Someone pointed out to me yesterday that in the recent Al Kandari cert petition, there is exactly one secondary source site: a Lawfare post. (See pp. vii and p. 12). Neato. -
Kiobel: Justice Kennedy Questions Extraterritorial Application of the ATS
The narrow question presented in the Kiobel v. -
Not So Fast on Khan Plea Bargain
There's been a lot of buzz in the press on the plea bargain reached between Majid Khan and the prosecution in his Military Commission case--and a lot of it has focused on the mere four years before Khan ... -
Kiobel and Mohamad Oral Argument Transcripts
Oral argument transcripts from the Supreme Court hearing this morning: Kiobel and Mohamad. Update: Opinio Juris is posting several posts and guest posts on the oral argument, including this one by Chim... -
Extraterritorial Application of the Alien Tort Statute: "A Noble Cause That Goes Too Far"
The Kiobel case will be argued next Tuesday before the Supreme Court. I have an op-ed in today's Washington Post (headlined in the print edition "A Noble Cause That Goes Too Far") about the foreign poli... -
Discovering Deference: The Rahmatullah Climb-Down
It is always an awkward spectacle when a court has to climb down, having issued an opinion that it has no real power to effectuate. That's what has now happened in the British Court of Appeals in the cas... -
SCOTUS Cert Petition Filed in Al Kandari
Fayiz Mohammad Al Kandari, a Guantanamo detainee, has filed a petition for a writ of certiorari in his habeas case. This comes after the D.C. Circuit denied his petition for en banc review in late Januar...
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