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Although it is a close call, the decision of the Court of Justice of the European Union (CJEU) in Schrems v. Data Protection Commissioner may turn out to be the most important consequence of the Snowden ...
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In an en banc decision issued yesterday, the Ninth Circuit ruled that an NCIS agent’s use of a software query to search military and civilian computers throughout Washington state for child pornography v...
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In this post, I want to focus on a narrow slice of Charlie Savage's much-anticipated book Power Wars (published today...go ahead, order it now!), one that might not generate as much attention as the mate...
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[UPDATE: The Pentagon has released the transcript of a press briefing today, addressing the SOF deployment to Syria among other things. The DOD official explained that, for now, these operators will not...
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Both Jack Goldsmith and Harold Koh have recently written about the constitutionality of congressional restrictions on the transfer of prisoners. The President’s veto last week of the NDAA was based in pa...
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What, precisely, is the role of U.S. ground forces in the conflict with ISIL? In a post earlier this week, I described how the "train and assist" mission permits the presence of U.S. personnel on site w...
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In a dramatic predawn raid, dozens of Delta Force operators deployed alongside elite Kurdish troops to raid an ISIL compound in Iraq in hopes of freeing prisoners who were under threat of imminent execut...
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Granted, the NDAA FY'16 has just been vetoed, and there probably aren't enough votes in Congress to override. But should it be the case that a deal gets worked out on the budget squabble, we may well se...
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President Barack Obama has followed up on his promise to veto the 2016 National Defense Authorization Act, an annual defense policy bill. Defense One reports that the veto is only the president's fifth a...
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Many commentators noted last week that President Obama’s decision to keep 9,800 troops in Afghanistan through 2016 (with the hope of reducing that number to 5,500), combined with the rising number of tro...
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Few things have been more emblematic of the military and, indeed, political aspects of the Obama War Powers legacy than drones. As many have noted, the use of this weapons system has vastly increased du...
