Constitution
708 Articles
We Shouldn’t Wait Another Fifteen Years for a Conversation About Government Hacking
With high-profile hacks in the headlines and government officials trying to reopen a long-settled debate about encryption, information security has become a mainstream issue. But…
Secret Law, Targeting, and the Problem of Standards: A Response to Dakota Rudesill
In his recent posts and an article, Dakota Rudesill tackles the phenomenon of secret law. Dakota persuasively describes a growing body secret law, which he defines as “legal…
It’s Time to Come to Terms With Secret Law: Part II
On Wednesday, I summarized the findings of my recent study of alleged secret law in the three branches of the US government and my conclusion that secret law is a limited but important…
It’s Time to Come to Terms With Secret Law: Part I
Secret law. The words are chilling. They evoke Kafka, unaccountable government, liberty subordinated to state security – and to some ears, perhaps simply the paranoid rantings…
The Microsoft Ireland Case and the Future of Digital Privacy
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
DOJ’s Motion to Dismiss in Smith v. Obama, the case challenging the legality of the war against ISIL
As I noted in an earlier post, Nathan Smith, a U.S. Army captain deployed to Kuwait as part of the campaign against ISIL, Operation Inherent Resolve, has sued the President,…
Letter to the Editor: Chairman Medine’s Dedicated Service to the PCLOB Was a Testament to Bipartisanship
David Medine left the Privacy and Civil Liberties Oversight Board on July 1, 2016, after three years of dedicated service and leadership as the board’s Chairman. As the board’s…
With Remote Hacking, the Government’s Particularity Problem Isn’t Going Away
Electronic surveillance succeeds because it is secret. When the government seeks to record “what is whispered in the closet,” in the words of Justice Brandeis, it must use…
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…
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.…
The 702 Reform Debate Is Just Heating Up
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Michael Ratner: The Leading Progressive Lawyer of a Generation
I just heard that Michael Ratner passed away from complications due to cancer. His New York Times obituary is here. My heart is broken. Michael was an extraordinary lawyer and…