Over at Forbes.com, Pepperdine law professor Gregory McNeal has this response to the critique I linked to the other day by Jonathan Horowitz of the Army's new manual on preventing harm to civilians.

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...

By now you've pored over last week's complaint in Al-Aulaqi et al v.

Over at Foreign Policy, the mysterious author of the @drunkenpredator Twitter feed has an essay that begins: Every morning, the hangar doors roll open and the sunlight flares my electro-optical sensors. ...

In response to my post contending that the United States is party to an armed conflict in Yemen pitting AQAP and the government of Yemen against one another, Daphne Eviatar of Human Rights First writes i...

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...

Given the track record of the Law of War revision project, smart money probably has to be on the ICRC, even with a 2015 estimate for the first volume in their new series (see here).  Of course, both proj...

Over at the AEIdeas blog, Marc Thiessen asks derisively: “Why is the ACLU suiting Panetta, Petraus over Awlaki Killing—But Not President Obama?” He writes: if it’s accountability they want, then why isn...

In Power and Constraint, I argued (in a chapter summarized here) that the Center for Constitutional Rights litigation strategy for GTMO garnered crucial judicial support for GTMO detentions that in the e...

I have now read through the ACLU-CCR lawsuit on behalf of the Al-Aulaqi and Khan families. Here are my initial thoughts: First, this lawsuit does not suffer from the prohibitive standing problem that pl...