Recent Articles

New Oxford Public International Law “Debate Map”: Disputes in the East and South China Seas
In a recent post, I mentioned Oxford Public International Law’s “Debate Map” on the legality of the use of force against Syria, which is an online index of a diverse…

News Roundup and Notes: February 5, 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 The House Judiciary…

“Associated Forces” has a legal meaning . . . but it’s not “every group that calls itself al Qaeda”
Daphne reports that at a House Armed Services hearing today, Christopher Swift of the UVa Center for National Security Law emphasized that “the United States has to stop…

“Associated Forces” Has No Legal or Strategic Meaning
Today was national security day in Congress, with three simultaneous hearings on the terrorist threat and how best to fight it. I watched the House Armed Services Committee hearing…

Can Congress Protect Digital Privacy from NSA Spying?
[Editor’s Note: The House Judiciary Committee hearing can be viewed live on C-SPAN.org] Today, the House Judiciary Committee will conduct a hearing on recommendations to…

Alberto Gonzales and Me on Oversight for Targeted Killing
Whatever folks think about the continuing utility (vel non) of student-edited law reviews, sometimes, they can produce some pretty interesting exchanges. Thus, today, the George…

The Muhtorov Constitutional Challenge to Section 702
Jamshid Muhtorov is a lawful permanent U.S. resident and a criminal defendant in the U.S. District Court for the District of Colorado, charged with providing material support to…

10 Things We Need to Know Now About the US Drone War
A year ago today, NBC News published a leaked copy of a Justice Department memo that justified the killing of a U.S. citizen without a trial in a foreign country outside a war…

News Roundup and Notes: February 4, 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 Tech companies…

Luban in NYRBlog: “Syrian Torture: What the US Must Do”
Earlier today, I posted a piece on the New York Review of Books Blog entitled “Syrian Torture: What the US Must Do,” regarding the evidence of Syrian mass murder…

Quantum Mechanics, Big Data and the Right of Privacy
If it has done nothing else, the exposure of the NSA metadata collection program has caused both legal commentators and courts to rethink the doctrines that have long governed…

President Certifies US Forces in Mali Not at Risk of International Criminal Court, but is that Legally Valid?
On Friday, President Obama issued a Memorandum certifying that US Armed Forces participating in the UN military operation in Mali “are without risk of criminal prosecution”…