Constitution
706 Articles
More on Military Courts and Article III
A little over a month ago, I posted about my forthcoming article, “Military Courts and Article III,” a copy of which is now available via SSRN. For folks who prefer…
Military Courts and Article III
For some time, I’ve been working on the larger implications of the jurisprudence arising from the Guantánamo military commissions and the Court of Appeals for the Armed…
DOJ Pushes to Expand Hacking Abilities Against Cyber-Criminals
The Wall Street Journal reports that the Department of Justice is seeking increased authority to remotely search not only computers but also cloud based services to which those…
DiFi vs CIA
More than a few folks have commented on the irony of Sen. Dianne Feinstein—perhaps the most vigorous defender of NSA’s controversial surveillance programs—flipping into…
ACLU Takes Phone-Records Challenge to Appeals Court
The ACLU has just filed its opening brief in the Second Circuit in its challenge to the NSA’s phone-records program. The brief—the first appellate brief to be filed in any…
Miranda: Blame Parliament Before Blaming the Courts
In August 2013, David Miranda, partner of journalist Glenn Greenwald, was transiting through Heathrow, on his way from Germany to Brazil when he was detained and searched under…
More Executive-Minded than the Executive
The English judiciary continues to show its habit of subservience to the government on security matters. In August 2013, David Miranda, who was carrying a hard disk with files…
Letter to the Editor: Schrödinger’s Metadata
Earlier this week, Charles A. Blanchard floated a provocative idea: “As strange as it may seem, quantum mechanics might help us illuminate the best approach to restrictions on…
Prediction: Fourth Amendment Evolves in 2014
When should courts follow legal precedent and when should the law change? This is a debate that underlies this month’s contrary decisions about the constitutionality of government…
Does Klayman Need to Cross-Appeal Judge Leon’s Ruling?
In yesterday’s post, I explained why, in my view, the far more vulnerable aspect of Judge Leon’s Monday ruling issuing a preliminary injunction against the bulk telephony…
Judge Leon and the Shocking Scope of the NSA’s Surveillance Program
U.S. District Court Judge Richard Leon’s decision on Monday finding that the NSA’s telephony metadata program is likely unconstitutional is a welcome and important recognition…
Why the Constitutional Holding in Klayman Wasn’t Necessary
24 hours later, Judge Leon’s 68-page opinion issuing (and then staying) a preliminary injunction against the NSA’s bulk telephony metadata program continues to generate…