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New Disclosures Reflect NSLs’ Substantive First Amendment Flaws
This year has seen a remarkable string of disclosures about national security letters (NSLs), the secret demands the FBI sends to financial and communications service providers…
The Early Edition: December 14, 2016
Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. US CUTS ARMS SALES TO SAUDI…
Recap of Recent Posts on Just Security (Dec. 3-9)
I. Public Opinion James Piazza, Muslim Terrorism Suspects and Public Support for Harsh Interrogation and Detention (Tuesday, Dec. 6) Ryan Goodman, New ICRC Survey: Large Global…
Human Shields in International Humanitarian Law: A Guide to the Legal Framework
To assist our readers interested in the phenomenon of human shields, I’ve produced a compilation of the relevant legal framework (additions/suggestions welcome!) These rules…
President Obama’s Report on the Legal and Policy Frameworks Guiding and Limiting the Use of Military Force [UPDATED]
The Administration just released five new documents relating to the use of force, including detention, in counterterrorism operations against nonstate armed groups. The most important…
Memo to President Obama: You Have Another Memo to Withdraw
The election of Donald Trump has triggered an anxious conversation about how President Obama can entrench some of his accomplishments before January 21, 2017. Importantly, given…
National Security-Related Congressional Hearings, December 5–December 9
Tuesday, December 6 9:30am – Senate Committee on Armed Services – Emerging U.S. Defense Challenges and Worldwide Threats (here) 2:00pm – House Committee on Foreign Affairs…
Recap of Recent Posts on Just Security (Nov. 27-Dec. 2)
I. President-elect Trump: Federal Bureaucracy, Europe, Expatriation, Conflicts of Interest, Appointments, and Executive Power David Luban, Shrinking the “Bloated” Federal…
And Mattis Makes Four—Senior Policymakers in a Trump Administration Who Would Take a Hardline on Russia
Trump’s selection for Defense Secretary, retired General James N. Mattis, is the fourth in the line of senior policymakers who would presumably take a very different approach…
Two lingering concerns about the forthcoming Law of War Manual amendments
We commend Department of Defense General Counsel Jennifer O’Connor for her very important speech at NYU Monday evening—especially for her vivid, detailed account of how the…
NATO and European Responses to the Election of Donald Trump
Since the election of Donald J. Trump as the 45th President of the United States, many states, regional bodies and international organizations have followed the diplomatic rituals…
Two new excellent accounts about why the torture program won’t be revived
I strongly recommend this post by Jack Goldsmith and this article by Matt Apuzzo and James Risen, following up on this excellent Just Security post by Alex Whiting.