Democracy & Rule of Law
Rule of Law
941 Articles
Torture and Transparency in the Military Commissions
America’s war court is back in session at Guantánamo, with yet more pretrial proceedings in the case of the five 9/11 defendants (alleged mastermind Khalid Sheikh Mohammed,…
IBM’s Terrorist-Hunting Software Raises Troubling Questions
Last week, Defense One published an article about a new use that IBM is pioneering for its data-crunching software: identifying potential terrorists in the stream of refugees entering…
National Security Letters and Leak Investigations
Journalists were reminded again last week of how little legal protection actually exists when the federal government decides to investigate national security leaks. In an ongoing…
Rep. Schiff’s Newly-Proposed AUMF: Praise And A Caveat
Over at Lawfare, Jack Goldsmith praises Adam Schiff’s newly-proposed Consolidated Authorization to Use Military Force. With one important caveat (see below), we share in Jack’s…
Still Secret: Second Circuit Keeps More Drone Memos From the Public
Secret law has been anathema to our democracy since its Founding, but a federal appeals court just gave us more of it. Almost two centuries ago, James Madison wrote that “[a]…
Lawyering in Secret and the Government’s FOIA Bogeyman
Last week, in Washington, the Central Intelligence Agency’s top lawyer aired a pointed complaint — or was it a warning? — that has been bubbling about for some time. At an…
Secret Law Isn’t the Public’s Fault
Officials in this administration have a funny way of blaming the victim. Did the CIA spy on Senate intelligence committee staffers who were investigating the agency’s torture…
The Assassination Ban and Targeted Killings
In public speeches, administration officials have criticized the use of the word “assassination” to characterize targeted killings carried out by the United States. The administration’s…
The World Doesn’t Need a “Snowden Treaty”
How to best protect privacy in cyberspace is a very difficult question. So is what role the law (domestic and international) should play in ensuring a proper balance between privacy…
The Latest Stumbling Block in the 9/11 Case: Self-Representation and Classified Evidence
Can a military commission defendant represent himself if he can’t see the classified evidence against him? That’s the outstanding issue in the 9/11 case taking place at the…
When Sorry Is Not Enough (or Makes Things Worse)
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Precision Weapons, Mistakes, and the Need for Transparency
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…