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Why the immigration initiative has nothing to do with assertions of executive constitutional power

My quick take here, dispelling some of the more common misunderstandings about the legal bases of the Executive’s new immigration policies.
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Takeaways from the House Intelligence Committee Cybersecurity Hearing

On Thursday morning, the House Permanent Select Committee on Intelligence held a hearing on “Cybersecurity Threats: The Way Forward,” featuring testimony by Adm. Michael Rogers,…
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News Roundup and Notes: November 21, 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. IRAQ and SYRIA  The Pentagon…
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The Hicks Military Commission Appeal

Just over a year ago, I wrote a post about the David Hicks and Omar Khadr cases–and the very real possibility that, as a result of the D.C. Circuit’s decision in “Hamdan…
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There Will Be Surveillance Reform

How should we understand the Senate’s failure to pass the USA Freedom Act on Tuesday? I’m not sure. But I’m pretty sure it’s misguided to propose, as Steve Vladeck did…
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Livestream of National Security Law Brief Symposium: Congress, Use-of-Force Authorizations, and ISIL

This afternoon, from 2-6 p.m., the National Security Law Brief at American University Washington College of Law is hosting a symposium on Congress, use-of-force authorizations,…
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UN HRC’s General Comment on the Right to Liberty and Security: A Missed Opportunity? (Part Two)

Yesterday’s post provided a brief guide to the UN Human Rights Committee’s General Comment No. 35 (GC) on Article 9 of the International Covenant on Civil and Political…
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News Roundup and Notes: November 20, 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. SURVEILLANCE, PRIVACY, and…
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UN HRC’s General Comment 35 on the Right To Liberty and Security: A Missed Opportunity?

On October 28, the UN Human Rights Committee adopted General Comment No. 35 (GC) on Article 9 of the International Covenant on Civil and Political Rights (ICCPR), the right to…
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The End of the Snowden Affair

Sometime around 7:30 p.m. (EST) last night, the 17-month-long national conversation over how to reform U.S. foreign intelligence surveillance authorities effectively ended when…
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The United States and the Torture Convention, Part II: Armed Conflict

Last week in its appearance before the Committee Against Torture, the United States “change[d] and clarifi[ed]” two important legal positions regarding the scope of the Convention…
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Full Virginia State Court Opinion on Passcodes vs. Fingerprints

A couple of weeks back, there was a flurry of media coverage of a Virginia state court opinion where the judge granted an order to compel a defendant’s fingerprint to unlock…
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