Recent Articles
Cross-Border Data Requests: A Proposed Framework
Editor’s note: This post also appears on Lawfare. We’ve both written and spoken extensively (for example, here, here, here, here, and here) about issues related to cross-border…
News Roundup and Notes: November 24, 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. PARIS ATTACKS An item…
Connecting Past and Present: Assessing French Emergency Powers in Historical Perspective
Editor’s note: Some parts of this post first appeared in the book Law in Times of Crisis. Reflecting on the horrific events of Friday, November 13, in Paris and the French…
Al Bahlul’s Commission Conviction and the Pragmatic Jurisprudence of Article III
Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can…
The Course of Least Resistance: Ignoring the Lessons of History in Responding to ISIS
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…
Previewing Next Tuesday’s Oral Argument in “Al Bahlul IV”
Editor’s Note: This is the first post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can check…
News Roundup and Notes: November 23, 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. PARIS ATTACKS Belgian authorities…
History, Hysteria, and Syrian Refugees
A week after the ISIS terrorist attacks in Paris, American political hysteria is on full display. On Thursday, the House voted to tighten screening procedures on Syrian refugees;…
Recap of Recent Posts at Just Security (November 14–20)
I. Paris Attacks & the Islamic State Steve Vladeck, 11/13/15 (Monday, November 16) Anthony Dworkin, Guest Post: France Maps out Its War Against the Islamic State (Thursday,…
Where Will the Law of Self-Defense Go From Here?
Friday’s horrific attacks in Paris have now prompted retaliatory French airstrikes on Raqqa in Syria. Given the emotions that have been stirred up, it may seem unnecessary to…
Challenges New Weapons and Humanitarian Assistance Present for International Law
Editor’s Note: This is the fourth post in a miniseries about the International Committee of the Red Cross’s newly released Report on International Humanitarian Law and the…
Section 702, the Fourth Amendment, and Article III: The Muhtorov (Non-)Decision
Because of the difficulties civil litigants have encountered in challenging section 702 of the Foreign Intelligence Surveillance Act (as created by the FISA Amendments Act of 2008),…