Recent Articles

Syria and the Law of Humanitarian Intervention (Part II: International Law and the Way Forward)
My first post for Just Security explained why, despite some bungled politics, President Obama’s proposed military action in Syria could have been lawful under U.S. domestic law.…

The Shutdown and the Guantánamo Transfer Restrictions
Although folks disagree over how big an obstacle it really is, one of the bigger political (if not legal) obstacles to transferring detainees out of Guantánamo (to other countries)…

News Roundup and Notes: October 2, 2013
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. Government shutdown Defense…

Recap: A Mid-Week Guide to Posts on Just Security (Sept. 28-Oct. 2)
I. Surveillance and Data Collection Jennifer Granick, Reforming FISA: A Critical Look at the Wyden/Udall Proposal and Foreign Surveillance (Monday, Sept. 30) Jennifer Granick, Intelligence…

The Kris Paper, and the Problematic FISC Opinion on the Section 215 “Metadata” Collection Program [UPDATED Oct. 14]
If you haven’t done so already, you really ought to read David Kris’s very thoughtful and comprehensive paper on the Section 215 metadata collection program, a précis…

Debate (Round 2): A Reply to Rona and Corn
This post is the final post in a series from Gabor Rona, Geoffrey Corn, and Just Security’s Derek Jinks. The debate addresses a fundamental question for US national security…

Debate (Round 2): A Reply to Rona and Jinks
This post is one in a series from Gabor Rona, Geoffrey Corn, and Just Security’s Derek Jinks. The debate addresses a fundamental question for US national security law: What…

Debate (Round 2): A Reply to Corn and Jinks
This post is one in a series from Gabor Rona, Geoffrey Corn, and Just Security’s Derek Jinks. The debate addresses a fundamental question for US national security law: What…

Intelligence Oversight and Surveillance Act — Language Now Available
Yesterday, I wrote about the proposed Intelligence Oversight and Surveillance Reform Act. The language of the proposed bill is not yet available on the Library of Congress’…

Transparency on Targeted Killings: Promises Made, but Little Progress
Since President Barack Obama’s May 2013 counter-terrorism speech, attention to and criticism of US targeted killings practice and policy has notably dropped off inside the US. …

Response to Kevin Jon Heller on War/Not War with Al-Qaeda
Last week, I wrote a post describing how opposition to US counterterrorism policies has vacillated over the past twelve years. I showed how arguments that the conflict with Al…

Making Sense of the NSA Metadata Collection Program and the “Administrative Search” Doctrine
As most people on the planet now know, the National Security Agency obtains detailed records of the “metadata” of essentially every call – domestic and international –…