Recent Articles
The FBI Should Stop Undermining Norms Before They Take Root
Reports surfaced last month suggesting that Carnegie Mellon University (CMU) has been helping the FBI crack Tor, the secure browsing application used by privacy-conscious Internet…
War-Sustaining Activities and Direct Participation in the DOD Law of War Manual
In a recent post on Lawfare, Butch Bracknell discussed the use of leaflets by the United States to warn truck drivers transporting oil for ISIL of an impending attack. Bracknell…
News Roundup and Notes: December 15, 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 President…
Don’t Forget the Other Legal Issues in the 9/11 Trial
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…
Why should the Constitution require Article III courts for criminal trials of federal offenses?
[UPDATED for clarification.] Many thanks to Charlie Dunlap for his thoughtful response to my posts (here and here) about al-Bahlul and the Article III question in that case. Our…
National Security-Related Congressional Hearings, December 14–17
Below is a calendar of congressional hearings on national security matters for this week. It’s a slow week in Congress as the committees wrap up last-minute business before…
Military Commissions and Fairness
My friend Marty Lederman provides a lot of fascinating commentary about the en banc rehearing in the Al-Bahlul case (here and here). I’d like to focus on just part of Marty’s…
News Roundup and Notes: December 14, 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 Airstrikes…
The last-minute “correction” that might have saved the Paris climate accord
Back in March, in connection with the then-not-finalized Joint Comprehensive Plan of Action regarding Iranian nuclear capabilities, Jack Goldsmith and I explained the critical…
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…