Civil Liberties
1,361 Articles
Avoiding a “Militant Democratic” Response to the Paris Attacks
The dreadful Paris attack, even more than the recent and similar attacks in Australia and Canada, is likely to produce a demand for strong action. This is not only because the…
14 National Security Law “Heroes” in 2014
We spend a lot of time on this blog being critical–of people; of institutions; of judicial decisions; and of policy developments But as 2014 draws to a close, I thought it…
New Article (and February 2015 Symposium) on Prosecuting Military Detainees in Civilian Courts
Hot off the e-presses, the published version of my Cardozo Law Review article on “Terrorism Prosecutions and the Problem of Constitutional Cross-Ruffing” is now available…
Human Rights in the Digital Age
We are in a period of profound societal change and disruption, almost a tectonic shift, brought on by the rapid expansion of digital communication infrastructure and exponential…
Remedies for Egregious Constitutional Violations and the Topside D.C. Circuit Briefing in Meshal
Back in June, I wrote a long post about the D.C. district court’s decision in Meshal v. Higgenbotham, in which Judge Sullivan dismissed a damages suit brought by a U.S.…
In 2007, One Judge Said No to the NSA
Last week, the government quietly released a new cache of court filings and orders from late 2006 and early 2007 that together reveal a watershed moment in the government’s effort…
The Cato Institute Surveillance Conference
Now that I’ve more or less recovered from planning and running it, I wanted to make sure Just Security readers were aware of the inaugural Cato Institute Surveillance Conference…
Guest Post: Intelligence Legalism and the Torture Report
As I was reading the SSCI’s torture report last week, my mind went back to two Just Security posts last month (here and here), in which I argued that the U.S. Intelligence Community…
Guest Post: Drone Courts–A Response to Professor Vladeck
Editors’ note: In this post, Professors Brand, Guiora, and Barela reply to Steve Vladeck’s December 2 post, “Drone Courts: The Wrong Solution to the Wrong Problem,”…
Why Do We Talk About Torture The Way We Do?
Editors’ Note: The following post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from…
Five Torturous Steps to Hell
In a short and early section of the SSCI’s redacted summary of its torture report, we can read about the step-by-step descent from humanity to inhumanity, from the 20th century…
A Guantánamo (Numerical) Milestone, and What It Means…
Although public and media attention has been, understandably, focused on this morning’s release of the SSCI Torture Report, another piece of national security-related news…