Recent Articles

Norms Watch: Democracy, the Trump Administration, and Reactions to It (October 2017)
Sign up here to receive Norms Watch in your inbox once a month. INTRODUCTORY NOTE This edition of Norms Watch will examine the ten greatest violations of democratic norms in the…

Episode 44 of the National Security Law Podcast: Interrogation, Prosecution, and Detention Issues in the Wake of the NYC Attack
We are back, one day after dropping episode 43, with an emergency podcast discussion the legal consequences of the horrific attack that occurred in New York City yesterday. The…

What’s Going on at Gitmo?
Big news out of Guantánamo today: Marine Brig. Gen. John Baker, the chief defense counsel for the Military Commissions, was found guilty of contempt and sentenced to 21 days confinement…

Mark Zuckerberg, It’s Time For an Act of Radical Transparency
When Russian Facebook ads are finally released to the American public, much of the news coverage will laud this as a major step toward transparency in telling us what happened.…
The Early Edition: November 1, 2017
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. NEW YORK TERROR ATTACK A…

Terror in NYC: The Real Test Comes Tomorrow, Not Today
New York City officials are already calling Tuesday’s awful attack in downtown Manhattan “an act of terror.” Whether they are right remains to be seen; but, if so, the…

Episode 43 of the National Security Law Podcast: Unseal this Podcast!
It’s been a busy week in national security law! In Episode 43, Professor Bobby Chesney and I take on: Mueller-Time: Indictments against Manafort and Gates, and an even-more important…

Can Defense Counsel Ever Be Lawfully Surveilled by the Government?
David Luban’s essay (“Indefensible: Why Guantánamo defense lawyers can’t ethically participate any longer”) presents an excellent rendition of most of the ethics rules…

Cyber, Sovereignty, and North Korea–And the Risk of Inaction
Americans, and people throughout the world, are becoming increasingly aware that there are significant vulnerabilities in the Internet, and that there are malicious actors who…
The Early Edition: October 31, 2017
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. TRUMP-RUSSIA Charges against…

How to Solve the Standing Problem in ACLU Foundation v. Mattis
Late Monday afternoon, the Justice Department filed its court-ordered response in ACLU Foundation v. Mattis, the habeas petition brought on behalf of the unidentified U.S.…

Jesner Oral Arguments, Justice-by-Justice
Ed. Note: This article is the latest in our series on the U.S. Supreme Court case Jesner v. Arab Bank, a case that is slated to resolve the question of whether corporations can…