Recent Articles

Yesterday’s Washington Post has an interesting story about the increasingly aggressive role some federal magistrate judges are playing in policing criminal investigations involving…

Last week Judge William Alsup (N.D. Cal.) released the unredacted version of his ruling in the first-ever challenge to the no-fly list to be decided on the merits – a case that…

As a nerdy follow-on to Bob’s excellent guest post on the Zivotofsky case (which could prove to be the most significant foreign affairs case that the Supreme Court has…

The Jerusalem passport case involves an important question of the separation of powers in the conduct of foreign affairs:  Is the President’s power to recognize foreign states…

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. Military commissions Lawyers…

At a press conference in Kiev with the Ukrainian Prime Minister, Vice President Biden stated that the world’s rejection of Russia’s actions in Crimea was evident in last month’s…

A few weeks back, I posted about my new Fordham Law Review essay, “Detention After the AUMF,” which explains how the President could use existing authority–to…

In light of the ongoing discussion regarding Justice Breyer’s interesting statement regarding denial of certiorari in Hussain, I thought I’d flag a separate, but related,…

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. Ukraine The Kyiv Post reports…

Thanks Ryan and Sarah for an excellent analysis of the NY Times article on the recent military activity in Yemen. In noting that the article is imprecise in its reference to “alleged…

Last month I predicted that one or more Justices would issue a separate opinion when the Court denied certiorari in Hussain, and that the likely topic of such an opinion would…

In this post, we’re trying something new. Below, we present an almost line-by-line annotation of yesterday’s New York Times story on US and Yemeni military operations in…