Recent Articles
Time to Give the Sleeves From Our Vest and Acknowledge the Extraterritoriality of the Convention Against Torture
As David Luban noted yesterday evening, Charlie Savage of The New York Times reported that the Obama Administration likely plans to continue to espouse Bush-era positions on the…
Apple, Boyd, and Going Dark
Apple’s recent announcement that it will encrypt its newest iPhones is again pushing to the fore the question of whether the law should be updated to require companies to have…
Military Commissions After Guantánamo
This Wednesday morning at 9:30 (EDT), a three-judge panel of the D.C. Circuit (Henderson, Rogers, & Tatel, JJ.) will hear oral argument in al Bahlul v. United States–a Guantánamo…
News Roundup and Notes: October 20, 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 Turkey will…
“Just looking for loopholes…”
…is what W. C. Fields supposedly said when someone found him leafing through the Bible. Apparently some lawyers in the Obama administration are following Fields’s lead,…
Ebola Could Become President Obama’s Katrina
Ebola could become President Barack Obama’s hurricane Katrina in terms of the inadequacy of the government’s response. The US government is in reaction mode, seemingly…
Recap of Recent Posts at Just Security (Oct 11-17)
I. ISIL Abby Zeith, The Arming of Syrian Rebels – Does it Breach the Arms Trade Treaty? (Monday, Oct. 13) Megan Graham, CIA Report: Giving Rebels Weapons Without Direct Support…
One More Thing on Goldsmith & Waxman
There is not much to add to my colleague Shalev Roisman’s response to Jack Goldsmith and Matthew Waxman’s essay in The New Republic arguing that it is President Obama, and…
Security “Front Doors” vs. “Back Doors”: A Distinction Without a Difference
Thursday, FBI Director James Comey delivered a talk at the Brookings Institution, titled “Going Dark: Are Technology, Privacy, and Public Safety on a Collision Course?” His…
Rejecting the Bush Comparison: A Response to Goldsmith & Waxman
Jack Goldsmith and Matthew Waxman have written an interesting essay on President Obama’s war powers legacy, boldly titled “Obama, not Bush, is the Master of Unilateral War.”…
New al-Nashiri developments . . . regarding the MV Limburg and USS COLE charges [UPDATED as of late November]
In recent days the lawyers for Abd al-Rahim Hussain al-Nashiri, the military commission defendant charged with involvement in the bombings of the USS COLE and MV Limburg, have…
State Secrets Might Get a Little More Secret
The state secrets privilege has been the topic of significant academic and judicial focus, particularly in the post-9/11 era in which invocations of the privilege were seen by…