Raha Wala of Human Rights First writes in with the following response to my comments on Hedges. My thoughts follow his critique and very-cautious defense of Judge Forrest: Ben’s post on Judge Forrest’s o...

I don't have a lot to add to Ben's analysis of Judge Forrest's decision yesterday in Hedges v.

I have now read through Judge Forrest's opinion in Hedges---all 112 pages of it. I have done so only briskly, and I have surely missed things in my haste. But here are some initial thoughts. The opinion...

I haven't read it yet, but here it is.

I'm happy to report that I've recently completed drafting an article that has been much on my mind for the past few years.  Beyond the Battlefield, Beyond al Qaeda: The Destabilizing Legal Architecture o...

Ben beat me to it, but this morning, the D.C Circuit issued a terse order removing United States v.

Over at SCOTUSblog, there's a terrific symposium underway to celebrate the fiftieth anniversary of The Least Dangerous Branch, Alex Bickel's seminal work on the Supreme Court and judicial review.

One of the many difficulties that arise when a state employs its military to conduct operations within its own borders is the question of whether alleged abuses committed by the military should be tried ...

With a hat tip to Bobby, I wanted to flag that the Fourth Circuit on Friday upheld the conviction of Sean Brehm, a non-citizen convicted under the Military Extraterritorial Jurisdiction Act (MEJA) for an...

This just in - sort of.  On Wednesday, Judge Leonie Brinkema denied John Kiriakou's motion to dismiss certain counts against him on vagueness and overbreadth grounds.  Not at all surprising stuff, consid...