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Report of the Stimson Center Task Force on Drone Policy
The Stimson Center released today the report of its Task Force on US Drone Policy. The ten-member task force, of which I was a member, was chaired by General John Abizaid and Rosa Brooks. The report m... -
Why Imminence? The Assassinations Ban and that OLC Al-Aulaqi Memo
The other day, I tried to read the tea leaves and figure out where the notion of "imminent threat" comes from in the administration's legal views of targeted killing. I speculated that the source of the ... -
Guest Post from Jeff Kahn on Latif v. Holder (Striking Down the No-Fly List)
Professor Jeff Kahn (SMU Law, also visiting at W&L Law) writes in with the following guest post on yesterday's no-fly list decision. Be sure to check out Jeff's terrific book on the right to travel and ... -
SCOTUS: Without a Warrant, Police Generally Cannot Search Digital Information on Arrestees' Cell Phones
You've likely heard the news, made earlier this morning by the opinion in Riley v. California. -
A Clue About the Origins of "Imminence" in the OLC Memo?
There's a lot to discuss about the OLC memo on the al-Aulaqi strike---including, as Ben mentioned yesterday, the origins and significance of "imminence." (There's also excellent analysis over at Just Se... -
Two Quite Important Rulings Today
Coincidentally, they come to us from two different federal judges in the District of Oregon. The first decision concludes that remedial mechanisms associated with the so-called "No Fly" list violate due... -
Whence Imminence in that Drone Memo? A Puzzle and a Theory
On May 27, a unanimous Supreme Court---to little notice from just about anyone---handed down a case called Plumhoff v. Rickard, which dealt with a police shooting and a claim of excessive force during a ... -
The Al-Aulaqi OLC Memo: A Quick and Dirty Summary
I have this feeling that a lot of people are going to mischaracterize the just-released OLC memo on the Anwar Al-Aulaqi strike. Just a guess. So before expressing any opinions on the subject or arguing w... -
Second Circuit Releases Redacted OLC Drone Memo
The Second Circuit has just released a redacted version of the OLC Drone Memo--here is the memo; here is the panel's full, revised April 21, 2014 decision with the memo appended at page 67. You'll recal... -
Bits and Bytes
Cyber Attack on Hong Kong Among Largest Ever. "The online voting platform for the unofficial referendum now underway on Hong Kong’s political future has been subjected to one of the most severe cyberatt... -
How Dumb Is This?
I yield to nobody in my capacity to be surprised by Congress, but sometimes even I get a bit of a shock. I totally get the idea that everyone is angry at the NSA. And, indeed, I've spoken publicly abou... -
Feinstein-Chambliss Cybersecurity Info Sharing Bill
The Chair and Vice-Chair of the Senate Select Committee on Intelligence, Senators Feinstein and Chambliss have introduced a draft cybersecurity information sharing bill. Early coverage of the bill from ...
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