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A Response to David Luban

This following is a reply from Guest Author John Fabian Witt in response to a book review published earlier today by David Luban on Witt’s new book Lincoln’s Code: The…
Just Security

Book Review — Lincoln’s Code: The Laws of War in American History

In our Books We’ve Read section, Just Security frequently provides in-depth summaries of books related to national security law and policy.  These summaries are meant…
Just Security

Significant Fast & Furious Opinion in Oversight Committee v. Holder

On Monday, a federal district court refused to dismiss the congressional civil contempt action in Committee on Oversight and Government Reform v. Holder (“Holder”). This opinion…
Just Security

News Roundup and Notes: October 3, 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 The…
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NSA Bulk Collection, the “Corporate Store,” and the Forgotten ECPA Loophole

This weekend’s New York Times report on NSA aggregation of large databases to map the social networks of US citizens contains a reminder that the vast bulk phone records…
Just Security

Journalism and/as Espionage: A Surreply to Gabriel Schoenfeld

I suspect we’re quickly reaching the point in the conversation about the relationship between national security journalism and espionage in which everything has been said,…
Just Security

Gabriel Schoenfeld Responds to Lederman and Vladeck

I thank both Steve Vladeck and Marty Lederman for commenting on my post, a post that was drawn from a longer article, Journalism or Espionage? just published in the fall issue…
Just Security

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.…
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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)…
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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…
Just Security

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…
Just Security

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…
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