Recent Articles
Recap of Recent Posts at Just Security (June 6–12)
I. Guantanamo and Detention Steve Vladeck, Three Problems With Judge Brown’s Opinion in Tuaua (Sunday, June 7) Daphne Eviatar, The Senate’s Guantánamo Bill: A Wolf in…
The Law of War Manual is here (no, really)
The last time the U.S. Department of Defense published a comprehensive manual on the law of war was in 1956, when Richard Baxter set the standard. Much has happened since then–the…
What al Bahlul Says, and What It Means
It’s going to take some time to fully work through the lengthy opinions handed down by the D.C. Circuit this morning in al Bahlul v. United States. But at the risk of…
al-Bahlul decided: Court invalidates military commission conviction for domestic-law offense
The U.S. Court of Appeals for the District of Columbia Circuit by a 2-1 vote (Rogers and Tatel, Henderson dissenting) has overturned the conspiracy conviction on Article III grounds.…
Closing Guantánamo Will Help Combat Terrorist Propaganda
It’s no secret that extremist groups like al-Qaeda and ISIL use the American prison at Guantánamo Bay as a recruiting tool and rallying cry against the United States. The topic…
News Roundup and Notes: June 12, 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 The fight…
Thoughts on Zivotofsky, Part Four: Justice Thomas as constitutional iconoclast (or, “What was so terrible about King George III, anyway?”)
In my previous post, I described the principles of constitutional foreign affairs authority on which almost all of the Justices agreed in Zivotofsky. In the posts that follow,…
The Ridiculous GTMO Counsel-Stripping Amendment: An Easy Vote
[UPDATE: The Amendment failed by a vote of 133-297.] Steve has already described the likely constitutional problems with the latest Guantanamo amendment designed to strip funding…
Why the Latest Ridiculous Guantánamo Amendment is Almost Certainly Unconstitutional
Later today, the House of Representatives appears set to vote on the following amendment to the Department of Defense appropriations bill, sponsored by Missouri Congressman Jason…
Thoughts on Zivotofsky, Part Three: The broad consensus on presidential and congressional foreign affairs authorities
The Justices were, of course, closely and sharply divided on the ultimate resolution of Zivotofsky (on which more shortly). One of the most striking things about the decision,…
UK Investigatory Powers Review: A New Blueprint for Surveillance?
“the importance of clear law, fair procedures, rights compliance and transparency: not just fashionable buzz-words, but the necessary foundation for the trust between government…
News Roundup and Notes: June 11, 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 The U.S.…