Constitution
688 Articles
The Microsoft Warrant Case: A Response to Orin Kerr
With less than a week before the Second Circuit considers the dispute between Microsoft and the government over emails stored in Ireland (an issue I have blogged about here, here,…
The Difficulty With Metaphors and the Fourth Amendment
The Fourth Amendment to the US Constitution seems straightforward on its face: At its core, it tells us that our “persons, houses, papers, and effects” are to be protected…
Jen Daskal’s The Un-Territoriality of Data is Honored
Yesterday, I had the pleasure of attending a luncheon honoring winners for best of the 2014-2015 Call for Papers by the Southeastern Association of Law Schools (SEALS) at its annual…
Cross-Border Shootings as a Test Case for the Extraterritorial Fourth Amendment
Ever since the Supreme Court’s 2008 decision in Boumediene v. Bush, courts and commentators alike have wondered about the relationship between the functional approach…
Sloppy Cyber Threat Sharing Is Surveillance by Another Name
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…
Abu Ghraib and the Perversion of the Political Question Doctrine
I’ve written extensively about the important and complex legal questions raised by state-law tort suits against private military contractors, many of which have arisen in…
UN’s David Kaye on Encryption, Anonymity, and Human Rights
In his first report as UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, David Kaye fired a shot across the bow of governments…
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…
United States v. Davis – Wrestling With the Third Party Doctrine
In the excitement over the Second Circuit’s ruling on the NSA’s bulk collection program, another very significant appellate decision that was issued last week has been largely…
How the Second Circuit’s Decision in Clapper Informs the Section 215 Discussion
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…
The Substance of the Second Circuit on 215: Four Key Takeaways
[Cross-posted at ACSblog] Yesterday the Second Circuit declared the NSA’s bulk telephone metadata program unlawful. Specifically, it ruled that it was unauthorized by section…
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…