It is better to be lucky than to be good, and we might well find out here that President Obama has lucked into this one. But it's worth pausing for a moment over the possibility that a significant strate...

I'm not. I want to hear from Mary Ellen O'Connell on this. Was this strike--if it was, in fact, a drone strike--unlawful? Are the CIA personnel who conducted it war criminals?

[SECOND UPDATE: Not a drone strike, and probably not a test of the legal questions raised by drones...see here.] The President has not yet spoken to the public, but early reports indicate that UBL was k...

I have recently blogged about two issues:  whether congressional authorization is required as a constitutional matter for U.S.

The press coverage today of the leaked files concerning the Guantanamo detainees provides a dramatic contrast with public discussions over the operations in Libya.  The focus on the detainees is agonizin...

The Associated Press is reporting that U.S.

Below find the prepared hearing testimony from yesterday's hearing before the full Senate Judiciary Committee. April 6, 2011: The Electronic Communications Privacy Act: Government Perspectives on Protec...

As part of my blood oath to spend the next few years writing on subjects other than detention, I have just released this paper on the inadequacy of privacy as a conceptual framework for regulating person...

As Scott Shane reported in today's New York Times, the panel of independent psychiatric experts who reviewed the behavioral health history of Dr. Bruce E. Ivins--the person believed to be responsible for...

The deadline for a notice of appeal of Judge Bates' ruling in Al Aulaqi came and went a few weeks back with no filing from the ACLU and the Center for Constitutional Rights.