Recent Articles
New Article (and February 2015 Symposium) on Prosecuting Military Detainees in Civilian Courts
Hot off the e-presses, the published version of my Cardozo Law Review article on “Terrorism Prosecutions and the Problem of Constitutional Cross-Ruffing” is now available…
Happy Holidays
Happy Holidays from the Just Security team. We will be on an abbreviated schedule until Monday, Dec. 29, with a lower volume of posts than normal and no Early Edition or News…
Taking the Weight off of International Law: Has Syria Consented to US Airstrikes?
US airstrikes in Syria have raised significant questions about whether the US actions violate international law. That controversy would evaporate if Syria took a path of consenting,…
Human Rights in the Digital Age
We are in a period of profound societal change and disruption, almost a tectonic shift, brought on by the rapid expansion of digital communication infrastructure and exponential…
Remedies for Egregious Constitutional Violations and the Topside D.C. Circuit Briefing in Meshal
Back in June, I wrote a long post about the D.C. district court’s decision in Meshal v. Higgenbotham, in which Judge Sullivan dismissed a damages suit brought by a U.S.…
News Roundup and Notes: December 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. SONY AND NORTH KOREA North…
Did USAID engage in “covert action” in Cuba without proper domestic legal authority?
Lost in last week’s wave of news coverage on Cuba was an important Associated Press story on reportedly clandestine practices conducted by the U.S. Agency for International Development…
Drones, the FATA, the President’s remarks . . . and the prospect of greater transparency
Editors’ Note: 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…
News Roundup and Notes: December 22, 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. SONY and NORTH KOREA The…
The Sony Hack: Norms and North Korea
In statements on the Sony hack on Friday, both Secretary of State John Kerry and President Obama highlighted the need to develop norms for state behavior in cyberspace. Tying the…
Four New Guantánamo Transfers–and the Remaining Detainees
Via the Department of Defense and the inestimable Carol Rosenberg comes word of four new detainee transfers this morning–of Afghan detainees Shawali Khan, Khi Ali Gul, Abdul…
Recap of Recent Posts at Just Security (Dec 13-19)
I. Torture A. Senate Intelligence Committee Torture Report David Luban, Why Do We Talk About Torture the Way We Do? (Monday, Dec. 15) Margo Schlanger, Guest Post: Intelligence…