Article III

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A cherry tree in bloom near the U.S. Supreme Court in Washington, D.C.

Collecting Just Security’s Analysis of the Supreme Court’s Term

A collection of legal and policy analysis of key cases from the Supreme Court's tumultuous term.
Two tall greyscale rectangles cast dark shadows representing the Twin Towers. Text reads, “How Perpetual War Has Changed Us: Reflections on the 20th Anniversary of 9/11”

Paradigm Shift: The Consequences of Choosing a War Path, and Leaving It

We owe it to the next generation to grapple now with the consequences of remaining at war -- as well as the consequences of choosing not to be -- lest we find ourselves reflexively…
Just Security

Guilty Pleas For GTMO Detainees (Without Ever Setting Foot on US Soil)

Last week Steve wrote about the then-not-yet public provision in the Senate version of the FY2017 National Defense Authorization Act (NDAA) that would permit Guantánamo detainees…
Just Security

A Supplement to Steve Vladeck’s Assessment of the Supreme Court’s Treatment of Courts-Martial

Professor Steve Vladeck recently published an interesting analysis of the Supreme Court’s “troubling neglect of courts-martial,” and I agree with most of what he puts forth.…
Just Security

Why should the Constitution require Article III courts for criminal trials of federal offenses?

[UPDATED for clarification.]  Many thanks to Charlie Dunlap for his thoughtful response to my posts (here and here) about al-Bahlul and the Article III question in that case. Our…
Just Security

Military Commissions and Fairness

My friend Marty Lederman provides a lot of fascinating commentary about the en banc rehearing in the Al-Bahlul case (here and here). I’d like to focus on just part of Marty’s…
Just Security

We Don’t Need to Broaden Military Commissions’ Jurisdiction

Editor’s Note: This is the most recent post in a mini-symposium leading up to tomorrow’s en banc oral argument in the US Court of Appeals for the District of Columbia Circuit…
Just Security

Al Bahlul and the Risks of Legitimating Departures from Article III Jurisdiction

Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can check…
Just Security

Al Bahlul’s Commission Conviction and the Pragmatic Jurisprudence of Article III

Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can…
Just Security

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…
Just Security

Reforming the FISA Court

There has been much discussion, on the pages of this blog and elsewhere (here, here, and here to name just a few), about the procedural shortcomings of the FISA Court — the lack…
Just Security

Guest Post: Drone Courts–A Response to Professor Vladeck

Editors’ note: In this post, Professors Brand, Guiora, and Barela reply to Steve Vladeck’s December 2 post, “Drone Courts: The Wrong Solution to the Wrong Problem,”…
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