Recent Articles
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…
A Legal Map of Airstrikes in Syria (Part 2)
Editor’s Note: This is the second post in a two-part series discussing the legal justifications various countries have put forth related to airstrikes in Syria. You can find…
The Government’s Surprising (and Flawed) New Attack on Habeas Corpus in Immigration Cases
These days, most discussions of the US Constitution’s Suspension Clause — and the entitlement to judicial review that it codifies — center upon non-citizen terrorism suspects…
News Roundup and Notes: December 8, 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. SAN BERNARDINO SHOOTING…
A Legal Map of Airstrikes in Syria (Part 1)
Editor’s Note: This is the first post in a two-part series discussing the legal justifications various countries have put forth related to airstrikes in Syria. You can find…
National Security-Related Congressional Hearings, December 7–11
Below is a calendar of congressional hearings on national security matters for this week. Tuesday, December 8 9:30am – Senate Armed Services – Improving the Pentagon’s Development…
The More Things Stay the Same: Another Week of Military Commission Hearings
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Cross-Border Data Requests: A Response to Greg Nojeim
Editor’s note: This post also appears on Lawfare. Last week on Lawfare, Greg Nojeim responded to — and raised a set of questions about — our proposed framework for dealing…