Marty Lederman

Articles by this author:

More on Captain Smith’s “following orders” theory of standing (and Little v. Barreme)

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Aug 22nd, 2016

Captain Smith’s brief on the merits in the litigation challenging the legality of Operation Inherent Resolve (PQD and merits)

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Aug 19th, 2016

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Aug 16th, 2016

The Presidential Policy Guidance for targeting and capture outside Afghanistan, Iraq and Syria

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Aug 6th, 2016

DOJ’s Motion to Dismiss in Smith v. Obama, the case challenging the legality of the war against ISIL

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Jul 14th, 2016

John Brennan on “enhanced interrogation techniques”

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Jul 13th, 2016

A quick response to John Merriam on proportionality and military medical personnel

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Jul 9th, 2016

The CMCR’s Latest (Non-)Decision in al-Nashiri [UPDATED with links to supplemental briefs]

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Jul 8th, 2016

The government’s treatment of civilian casualties in counterterrorism operations [updated]

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Jul 1st, 2016

Troubling proportionality and rule-of-distinction provisions in the Law of War Manual

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Jun 27th, 2016

Would airstrikes against Assad be lawful and effective?: Reactions to the State “dissent cable”

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Jun 20th, 2016

Is it legal to target ISIL’s oil facilities and cash stockpiles?

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May 27th, 2016

Moves toward greater transparency on the use of lethal force [UPDATED]

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May 24th, 2016

Why Captain Smith’s suit to enforce the War Powers Resolution won’t be a big deal

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May 9th, 2016

The Egan speech and the Bush Doctrine: Imminence, necessity, and “first use” in the jus ad bellum

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Apr 11th, 2016

Are all “members” of ISIL targetable?

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Apr 9th, 2016

A brief response to Gabor Rona on the use of force by non-military personnel

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Apr 5th, 2016

[UPDATED–Now with VIDEO] ASIL Speech by State Legal Adviser Egan on international law and the use of force against ISIL

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Apr 4th, 2016

Georgetown Law panel on DOD Law of War Manual

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Apr 1st, 2016

Should (and can) the CIA use non-covert force against ISIL in Iraq and Syria?

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Mar 26th, 2016

A friendly critique of the proposed Chesney/Vladeck “middle ground” in the Apple/FBI disputes

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Mar 21st, 2016

Charlie Savage on Obama, GTMO and “Our Values”

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Mar 9th, 2016

DOJ’s appeal to district court judge from Magistrate Orenstein’s rejection of Apple All Writs Act order

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Mar 7th, 2016

Excellent summary of GTMO myths . . . and a classic case of the “false equivalence fallacy”

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Mar 7th, 2016

[UPDATED] Magistrate Judge Orenstein’s order in the EDNY, denying DOJ’s All Writs Act request . . .

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Mar 1st, 2016

Apple’s motion to vacate the All Writs Act assistance order: Has Apple chosen the best “test case”?

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Feb 26th, 2016

The President’s Plan for Closing the Guantánamo Bay Detention Facility

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Feb 23rd, 2016

Closing GTMO: “Why wasn’t there a clearly delineated strategy?”

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Jan 3rd, 2016

“Expansion” or contraction?: The case of Special Operations forces in the Middle East

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Dec 28th, 2015

What explains the three-year delay on the Slahi habeas petition?

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Dec 24th, 2015

An unspecified (and unclear) debate about the Rules of Engagement in Syria

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Dec 23rd, 2015

Why should the Constitution require Article III courts for criminal trials of federal offenses?

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Dec 14th, 2015

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