Recent Articles

News Roundup and Notes: April 28, 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. Ukraine As clashes continue…

Recap: A Guide to Recent Posts on Just Security (Apr. 19-Apr.25)
I. Surveillance, Privacy, & Technology Jennifer Granick, Let the Sun Shine In: WaPo Story on the Magistrates’ Revolt (Friday, Apr. 25) II. Detention, Trial, & Treatment…

Ukraine Before the ICC
The International Criminal Court’s Office of the Prosecutor has opened a preliminary examination into the situation in Ukraine. As we earlier noted, Ukraine on April 17,…

Let the Sun Shine In: WaPo Story on the Magistrates’ Revolt
Yesterday’s Washington Post has an interesting story about the increasingly aggressive role some federal magistrate judges are playing in policing criminal investigations involving…

Secrets Revealed: The Government’s No Fly List Arguments Aren’t Flying
Last week Judge William Alsup (N.D. Cal.) released the unredacted version of his ruling in the first-ever challenge to the no-fly list to be decided on the merits – a case that…

Standing and Causes of Action in Zivotofsky
As a nerdy follow-on to Bob’s excellent guest post on the Zivotofsky case (which could prove to be the most significant foreign affairs case that the Supreme Court has…

Zivotofsky v. Kerry
The Jerusalem passport case involves an important question of the separation of powers in the conduct of foreign affairs: Is the President’s power to recognize foreign states…

News Roundup and Notes: April 25, 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. Military commissions Lawyers…

How “Overwhelming” was the UN General Assembly Vote on Crimea?
At a press conference in Kiev with the Ukrainian Prime Minister, Vice President Biden stated that the world’s rejection of Russia’s actions in Crimea was evident in last month’s…

Realpolitik and Closing Guantánamo: A Response to Deborah Pearlstein
A few weeks back, I posted about my new Fordham Law Review essay, “Detention After the AUMF,” which explains how the President could use existing authority–to…

Hussain and AUMF Repeal
In light of the ongoing discussion regarding Justice Breyer’s interesting statement regarding denial of certiorari in Hussain, I thought I’d flag a separate, but related,…

News Roundup and Notes: April 24, 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. Ukraine The Kyiv Post reports…