As soon as I saw this Wall Street Journal oped yesterday from Holman W. Jenkins, Jr., I thought to myself--and said to Ritika--we need to hear from Shane Harris on this. Now we have. Jenkins had suggest...

Apparently prompted by David Remes' motion regarding GTMO counsel access issues in Esmail [h/t Josh Gerstein at Politico], the government now has filed its own motion. I've only glanced at the new filin...

In March, Congress passed the Stop Insider Trading in Congressional Knowledge Act (the STOCK Act), which was intended to prevent members of Congress from trading in securities based on non-public informa...

I received the following response from Richard Klingler to my ACSblog post on Monday re: the Al-Aulaqi suit and Bivens, and thought I'd post it in its entirety (below the fold) before replying (also belo...

I will soon be posting on SSRN, with my co-author Sam Issacharoff, a draft academic article that offers a broad, integrated conceptual and legal framework for understanding specific counterterrorism lega...

Over at the ACSblog, I have a guest post up on Al-Aulaqi v. Panetta and Ben's suspicion that the lawsuit will go the way of Arar, Lebron, Doe, and Rasul--with courts holding that there should be no Biven...

Former Secretary of DHS, Michael Chertoff has this op-ed in the Wall Street Journal today, concerning Google's subversion of Safari's security settings.  Here's the introduction: In the cyber age, privac...

This morning, U.S.

As I noted yesterday, the highest court in the U.S. military justice system—the Article I Court of Appeals for the Armed Forces (“CAAF”), a circuit-level court with mostly discretionary jurisdiction over...