Recent Articles
Recap of Recent Posts at Just Security (December 5–11)
I. The Islamic State & Military Action Jonathan Horowitz, Guest Post: A Legal Map of Airstrikes in Syria (Part 1) (Monday, December 7) Jonathan Horowitz, Guest Post: A Legal…
The Schiff AUMF: It’s even better than that
I heartily concur in the praise that Jen and Steve, and Jack Goldsmith, have heaped upon the new draft AUMF proposed by Representative Adam Schiff. Indeed, my enthusiasm for…
Second Circuit Denies Rehearing En Banc in Turkmen; Is Supreme Court Next?
I’ve written before both here and at MSNBC about the Second Circuit’s immensely significant June 17 decision in Turkmen v. Hasty, which recognized a cause of action…
Why Aren’t Criminal Defendants Getting Notice of Section 702 Surveillance — Again?
Since the Snowden disclosures began, the government’s massive surveillance operations under Section 702 of FISA have increasingly drawn public scrutiny. Section 702 is the authority…
News Roundup and Notes: December 11, 2015
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. IRAQ and SYRIA Syrian opposition…
Rep. Schiff’s Newly-Proposed AUMF: Praise And A Caveat
Over at Lawfare, Jack Goldsmith praises Adam Schiff’s newly-proposed Consolidated Authorization to Use Military Force. With one important caveat (see below), we share in Jack’s…
On Human Rights Day, One Year On: No Apology and No Accountability for US Torture
A year ago yesterday, the Senate Select Committee on Intelligence released a redacted version of the executive summary of its exhaustive report on the CIA’s detention and interrogation…
What’s Missing from Constitutional Analyses of Donald Trump’s Muslim Immigration Ban
Editor’s Note: This post was originally published on December 10, 2015 at 12:50am. On Tuesday, I wrote a short piece for CNN.com explaining why Donald Trump’s proposed ban…
News Roundup and Notes: December 10, 2015
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. IRAQ and SYRIA Syrian rebel…
European Human Rights Court Deals a Heavy Blow to the Lawfulness of Bulk Surveillance
In a seminal decision updating and consolidating its previous jurisprudence on surveillance, the Grand Chamber of the European Court of Human Rights took a sideways swing at mass…
Cy Vance’s Proposal to Backdoor Encrypted Devices Is Riddled With Vulnerabilities
Less than a week after the attacks in Paris — while the public and policymakers were still reeling, and the investigation had barely gotten off the ground — Cy Vance, Manhattan’s…
News Roundup and Notes: December 9, 2015
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. IRAQ and SYRIA Iraqi military…