Recent Articles
[UPDATED with details and analysis] BREAKING: Second Circuit rules that Section 215 does not authorize telephony bulk collection program
[UPDATED] The opinion is here. Judge Sack’s concurring opinion is here. Because the court rules on statutory grounds, it does not reach the Fourth Amendment questions.…
Contextualizing Proportionality Analysis? A Response to Schmitt and Merriam on Israel’s Targeting Practices
In a recent post on this blog, Michael Schmitt and John Merriam discussed Israel’s compliance with international humanitarian law (IHL), based on their recent visit to Israel…
News Roundup and Notes: May 7, 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 Syrian President…
Warfare and “Judicial Imperialism” in the UK
Last month, British think tank Policy Exchange published a report criticizing the rise of “judicial imperialism” in the context of British military operations, titled Clearing…
USA Freedom Act: An Updated Readers’ Guide on Section 215
For the last several weeks, Congress has been discuss reforms to Section 215 of the Patriot Act, a provision that has been used to justify the collection of vast quantities…
Once again: “Which agency?” and “How secret?” are separate and independent questions
Karen DeYoung has a story in the Post this morning about an ongoing debate on the Hill concerning whether the CIA “should be in the drone business at all, or if such lethal…
News Roundup and Notes: May 6, 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 State…
US Needs to Stop Tiptoeing Around the “Killer Robots” Threat
When it comes to banning “killer robots,” the United States is going to take some convincing. That was one major take-away from April’s multilateral meeting on the matter…
Corn and Jenks and Me on
Military Jurisdiction and Article III
For Federal Courts nerds, those with nothing better to do, or both, I thought I’d post links to two pieces of interest arising out of my recently published article, Military…
The Counterterrorism Stances of the UK’s Major Political Parties
On Thursday, May 7, 2015, voters will go to the polls in the UK’s general election. With that in mind, it’s worth reviewing the domestic terrorism and extremism related-measures…
News Roundup and Notes: May 5, 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 Two civilians…
Letters to the Editor on End-of-War Claims from Guantánamo Detainees
My post from last Thursday has provoked a pair of letters-to-the-editor from lawyers for current and former Guantánamo detainees. Below the fold, I reprint them in full, and…