Recent Articles
News Roundup and Notes: April 25, 2014
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. Military commissions Lawyers…
How “Overwhelming” was the UN General Assembly Vote on Crimea?
At a press conference in Kiev with the Ukrainian Prime Minister, Vice President Biden stated that the world’s rejection of Russia’s actions in Crimea was evident in last month’s…
Realpolitik and Closing Guantánamo: A Response to Deborah Pearlstein
A few weeks back, I posted about my new Fordham Law Review essay, “Detention After the AUMF,” which explains how the President could use existing authority–to…
Hussain and AUMF Repeal
In light of the ongoing discussion regarding Justice Breyer’s interesting statement regarding denial of certiorari in Hussain, I thought I’d flag a separate, but related,…
News Roundup and Notes: April 24, 2014
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. Ukraine The Kyiv Post reports…
Letter to the Editor from Gabor Rona, Airstrikes in Yemen and Government Transparency
Thanks Ryan and Sarah for an excellent analysis of the NY Times article on the recent military activity in Yemen. In noting that the article is imprecise in its reference to “alleged…
Justice Breyer’s intriguing suggestions in Hussain: A sign of habeas challenges to come?
Last month I predicted that one or more Justices would issue a separate opinion when the Court denied certiorari in Hussain, and that the likely topic of such an opinion would…
How We Read a NYTimes Story on Drone Strikes in Yemen
In this post, we’re trying something new. Below, we present an almost line-by-line annotation of yesterday’s New York Times story on US and Yemeni military operations in…
News Roundup and Notes: April 23, 2014
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. Drones in Yemen CNN (Mohammed…
Court Decision Supports Broader Disclosures on US Drone War
The Second Circuit Court of Appeals’ decision yesterday that the Obama administration had waived its right to refuse to turn over legal memos justifying the killing of a U.S.…
The Second Circuit and the Vices of Selective Disclosure
I’ve now had a full day to digest yesterday’s lengthy decision by the Second Circuit in New York Times v. Department of Justice, which, among other things, orders…
Judge Pohl’s order requiring disclosure of details of CIA’s “black sites” now unclassified
As I mentioned last week, in the al Nashiri military commission case, Judge Pohl has issued an order requiring that the prosecution turn over to the defense team the details —…