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The Fairness and Effectiveness of Military Commissions: A Response to Jack
In a characteristically thougtful essay over at Slate, and building on themes in his new book, Jack returns to a familiar argument--that the extent to which the Obama Administration has embraced military... -
Moving to Warrant-Based Targeting and the Law Enforcement Model in Afghanistan?
A little while back, I wrote an article describing the evolution of our capture and detention policies in Iraq from 2003 to 2010 (based on a review of a massive pile of after-action reports and interview... -
Oral Argument Yesterday in Doe v. Rumsfeld [Updated]
The D.C. Circuit heard oral argument yesterday in Doe v. Rumsfeld (11-5209), a Bivens case brought by a U.S. citizen working as a military contractor in Iraq who alleged detention and interrogation abuse... -
Sustained Sequences of Non-Spectacular Terrorist Attacks
In most years when I teach my seminar on the history of terrorism and US counterterrorism law and policy, the question arises why terrorists do not more frequently embrace the "Beltway Sniper" model--i.... -
Peter Margulies on Proposed FOIA Amendments
Peter Margulies of Roger Williams School of Law has this article on proposed amendments to the Freedom of Information Act (FOIA). -
Administration Response to Andy Worthington
An administration official sends in the following in response to Andy Worthington's critique of the DNI's recidivism numbers: How I wish he were right. But he isn’t. The DNI numbers usefully distingu... -
Andy Worthington on Guantanamo Recidivism
British journalist Andy Worthington offers this critique of the recent DNI report on Guantanamo recidivism--and of the press coverage of the report. -
United States v. Jumaev (material support arrest in relation to IJU)
The complaint is here. From the press release: DENVER – Bakhtiyor Jumaev, 45, of Philadelphia, was arrested this morning without incident by members of the Philadelphia FBI Joint Terrorism Task Force (... -
Comparing the Senate Cybersecurity Liability Provisions
In earlier posts I’ve written generally about the information sharing provisions of the Lieberman-Collins cybersecurity bill and the McCain bill. Today I want to begin drilling down in comparing the two... -
The NIMJ Amicus Brief in <i>al-Bahlul</i>
Raff already posted earlier about some of the amicus briefs filed today (or earlier) in the al-Bahlul case (the "other" military commission appeal currently pending in the D.C. Circuit). -
Appellant Brief Filed in ACLU v. CIA (Drone Program FOIA Request)
The American Civil Liberties Union has filed its opening brief in its appeal of the District Court of the District of Columbia's granting of a motion for summary judgment for the Central Intelligence Age... -
Amici Briefs in Bahlul by International Law Scholars and First Amendment Scholars
Two new amicus briefs have been filed in Bahlul v. United States in the D.C. Circuit Court recently. The first is a brief on behalf of international law professors (including our own Steve Vladeck). Its ...
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