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How to Solve the Standing Problem in ACLU Foundation v. Mattis
Late Monday afternoon, the Justice Department filed its court-ordered response in ACLU Foundation v. Mattis, the habeas petition brought on behalf of the unidentified U.S.…
Jesner Oral Arguments, Justice-by-Justice
Ed. Note: This article is the latest in our series on the U.S. Supreme Court case Jesner v. Arab Bank, a case that is slated to resolve the question of whether corporations can…
National Security-Related Congressional Hearings, October 30-November 3
Monday, October 30 1:00pm – House Homeland Security Committee – Border and Maritime Security Subcommittee and Cybersecurity Subcommittee – Examining Physical Security and…
Episode 42 of the National Security Law Podcast: The Magic Bullet Travel Ban(d)
In this week’s episode, Bobby Chesney and I start with a close look at Smith v. Trump, a case that seeks a judicial ruling on whether the Islamic State really falls within…
Corporate Liability and Crimes against Humanity
Ed. Note: This article is the latest in our series on the U.S. Supreme Court case Jesner v. Arab Bank, a case that is slated to resolve the question of whether corporations can…
National Security-Related Congressional Hearings, October 23-28
Tuesday, October 24 10:00am – Senate Committee on Finance – Hearing to Consider the Nomination of Kevin K. McAleenan, of Hawaii, to be Commissioner of United States Customs…
The Arpaio Decision: When the World Is Extraordinary But the Law is Ordinary
Earlier this month, Judge Susan Bolton deemed President Trump’s pardon of former Sheriff Joe Arpaio to be lawful and therefore dismissed the pending case against him, which otherwise…
Pluses and Minuses of the Imminence Standard in Counterterrorism Strikes
Last month, I wrote on the revisions that the Trump Administration reportedly plans to make to President Obama’s drone policy. The piece set off a robust conversation with…
Where is Congress? The Supreme Court’s Cert in Microsoft Ireland Case Should Spur Lawmakers to Act
On Monday, the Supreme Court decided to take cert in what’s known as the Microsoft Ireland case – raising the issue of law enforcement’s ability to reach data stored…
“Han Shot First”: Episode 41 of the National Security Law Podcast
Bobby Chesney and I have just posted Episode 41 of the National Security Law Podcast, which includes in-depth discussion of the latest travel ban ruling (the more things change…),…
National Security-Related Congressional Hearings, October 16-21
Tuesday, October 17 10:00am – Senate Committee of the Judiciary – Nominations: Gregory G. Katsas to be United States Circuit Judge for the District of Columbia Circuit; Jeffrey…
Oral Argument in Jesner v. Arab Bank: Gimme Two Steps?
Ed. note. This article is the latest in our series on the U.S. Supreme Court case Jesner. v. Arab Bank, a case that is slated to resolve the question of whether corporations can…