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Just Security

Secret Law, Targeting, and the Problem of Standards: A Response to Dakota Rudesill

In his recent posts and an article, Dakota Rudesill tackles the phenomenon of secret law. Dakota persuasively describes a growing body secret law, which he defines as “legal…
Just Security

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

As I noted in an earlier post, Nathan Smith, a U.S. Army captain deployed to Kuwait as part of the campaign against ISIL, Operation Inherent Resolve, has sued the President,…
Just Security

Judge (Justice?) Merrick Garland & International Law

I recently had occasion to review the international law jurisprudence of Judge Merrick Garland as part of an evaluation prepared by the American Bar Association’s Standing Committee…
Just Security

Medical Complicity in CIA Torture, Then and Now

The US government released a series of documents about the CIA torture program on June 14 and 15, in response to Freedom of Information Act lawsuits by the ACLU and Vice News.…
Just Security

The Early Edition: June 21, 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. IRAQ and SYRIA Just what has…
Just Security

The Early Edition: June 20, 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. IRAQ and SYRIA The Kremlin…
Just Security

FBI Guidelines Weaken Separation of Community Outreach and Intelligence Gathering Efforts

Community outreach programs are a staple of modern law enforcement, designed to build trust, address local concerns, and communicate effectively with the public — at least in…
Just Security

Recap of Recent Posts on Just Security (May 28–June 3)

I. Guantánamo Military Commissions  Steve Vladeck, Why the D.C. Circuit Can’t Really Duck the Article III Issue in Al Bahlul (Thursday, June 2) Daphne Eviatar, Sparring Over…
Just Security

A Return to Torture? Unlikely

One could be forgiven for thinking that all signs point towards torture making a comeback. Calls for the resumption of torture have been disturbingly prominent in this year’s…
Just Security

Forced Nudity: What International Law and Practice Tell Us

A number of weeks ago it was revealed that CIA operatives systematically photographed detainees who were being held as part of the “war on terror” while naked. It…
Just Security

Recap of the Recent Posts on Just Security (May 21–27)

I. Guantánamo Jen Daskal, Guilty Pleas For GTMO Detainees (Without Ever Setting Foot on US Soil) (Monday, May 23) II. Transparency, Legality & the the Use of Force David…
Just Security

Will Justice Sotomayor Recuse in Turkmen?

As Marcia Coyle reported last week in The National Law Journal, and as I predicted back in December, the Solicitor General has filed a petition for certiorari in Ashcroft v.…
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