Recent Articles
News Roundup and Notes: June 17, 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. U.S. STRIKES A White House…
A Sweeping Victory for the McCain-Feinstein Anti-Torture Measure
The anti-torture measure that David talks about here passed the Senate by an overwhelming majority today of 78-21. Not that this should be a surprise. After all, as David wrote,…
UN’s David Kaye on Encryption, Anonymity, and Human Rights
In his first report as UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, David Kaye fired a shot across the bow of governments…
Britain’s Al-Saadoon Case: A Matter of Human Rights Law and the use of Military Force Overseas
In March, the High Court of Justice of England and Wales found that the United Kingdom’s obligations under the European Convention on Human Rights (ECHR) can be activated extraterritorially…
News Roundup and Notes: June 16, 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. U.S. STRIKES Al-Qaeda’s…
What Rights Does International Law Afford Umm Sayyaf?
The legal machinations within the US government must have been considerable last month after an American special operations raid in Syria captured Umm Sayyaf, the wife of suspected…
National Security-Related Congressional Hearings, June 15–19
Below is a calendar of Congressional hearings on national security matters for this week. Monday, June 15, 2015 5:00pm – Senate Foreign Relations – Lifting Sanctions on Iran:…
News Roundup and Notes: June 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. LIBYA STRIKE The U.S. launched…
Thoughts on Zivotofsky, Part Seven: “Curtiss-Wright–out of sight,” and the fate of the argument for an exclusive executive diplomatic authority
At the oral argument in Zivotofsky, Justice Kagan asked plaintiff’s counsel whether it would be constitutional for Congress to enact a law requiring the Secretary of State to…
Zivotofsky podcast
Jack Goldsmith and I break down the case, discussing many of the questions we’ve both been blogging about, here. * * * * My posts (and a podcast) on Zivotofsky:
Thoughts on Zivotofsky, Part Six: Why the majority’s surprising decision on executive exclusivity is unpersuasive
As I noted in my previous post, although it was unnecessary to the Court’s holding, the proposition that Zivotofsky will now stand for—in briefs, in articles, and in constitutional…
Thoughts on Zivotofsky, Part Five: Why did the majority choose to decide whether the President’s “recognition” power is exclusive?
“Congress may not enact a law that directly contradicts” the President’s “formal recognition determination.” That’s the constitutional proposition in Justice Kennedy’s…