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The Problem With Legalism in the Surveillance State

Editor’s note: this post is a preview of ideas raised in an upcoming article by the author, Intelligence Legalism and the National Security Agency’s Civil Liberties Gap,…
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ICC Analysis on the Flotilla Incident–Fair & Balanced?

The ICC Prosecutor has now posted her full report and statement on the closure of the “Freedom Flotilla” preliminary examination (see our prior coverage here). It contains…
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News Roundup and Notes: November 7, 2014

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 American…
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Extending Privacy Protections to Foreigners Will Benefit Americans

I wanted to add a few thoughts to Ryan Goodman’s post outlining policy arguments for and against giving foreigners the same privacy protections enjoyed by Americans (at least…
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Harold Koh’s New “Memo to the President” on the Torture Convention

President Obama must soon decide whether to instruct a US delegation, which will appear before a UN body in Geneva next week, whether to equivocate, reject, or accept that the…
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Breaking News: ICC Prosecutors Decline to Investigate “Freedom Flotilla” Incident

It is being reported (by Reuters, the Jerusalem Post, and others) that the International Criminal Court’s Office of the Prosecutor has closed its preliminary examination into…
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News Roundup and Notes: November 6, 2014

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 American…
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A Cult of Rules: The Origins of Legalism in the Surveillance State

Editor’s note: this post is a preview of ideas raised in an upcoming article by the author, Intelligence Legalism and the National Security Agency’s Civil Liberties Gap,…
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National Security Politics in the 114th Congress

Last September, I wrote a post exploring whether some of the congressional reactions to the Snowden disclosures might have been portents of a coming political realignment on national…
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Hamidullin indicted in Article III court

Back in December, I posted about a Washington Post story reporting that the Administration was “actively considering the use of a military commission in the United States…
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News Roundup and Notes: November 5, 2014

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. MIDTERM ELECTIONS Republicans…
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A Republican Senate Takeover Won’t Doom Surveillance Reform

Late on the evening of May 29, 2014, California Rep. Zoe Lofgren (D) called a small, bipartisan group of lawmakers to her office in the Longworth Building on the Capitol Hill campus.…
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