courts
742 Articles
A Quick Update: Apple, Privacy, and the All Writs Act of 1789
Here’s the latest in the encryption case we’ve been writing about in which the Justice Department is asking Magistrate Judge James Orenstein to order Apple to unlock a criminal…
Orin Kerr’s Unconvincing Defense of Yesterday’s Second Circuit (Non-)Ruling
Over at the Volokh Conspiracy, my friend Orin Kerr has a thoughtful post up about yesterday’s Second Circuit decision in ACLU v. Clapper, which refused to enjoin the…
Section 215 and “Fruitless” (?!?) Constitutional Adjudication
This morning, the Second Circuit issued a follow-on ruling to its May decision in ACLU v. Clapper (which had held that the NSA’s bulk telephone records program was unlawful…
The Imperative of a “Drone Court”
With the recent release of The Intercept’s Drone Papers, it is an apt time to revisit the imperative of creating a check on an executive branch exercising lethal force without…
The All Writs Act, Software Licenses, and Why Judges Should Ask More Questions
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…
Safe Harbor and Reforming Section 702
Having only belatedly caught up on the European Court of Justice’s Safe Harbor decision, I wanted to weigh in on the excellent discussion between Tim Edgar and Peter Margulies…
Update on Apple’s Compelled-Decryption Case
Last week, we wrote about an order from a federal magistrate judge in New York that questioned the government’s ability, under an ancient federal law called the All Writs Act,…
The Latest Stumbling Block in the 9/11 Case: Self-Representation and Classified Evidence
Can a military commission defendant represent himself if he can’t see the classified evidence against him? That’s the outstanding issue in the 9/11 case taking place at the…
Drone Disclosures, Official and Not
As readers of this blog already know, last week The Intercept published a series of fascinating stories about the US drone campaign. The stories, and the official documents that…
Korematsu’s Demise?
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…
What the Third Circuit Said in Hassan v. City of New York
In Hassan v. City of New York, the Third Circuit yesterday emphatically overturned a New Jersey district court, which had dismissed a challenge to the New York City Police Department’s…
Mass Surveillance and the Right to Privacy: Adding Nuance to the Schrems Case
Last week’s post by Megan Graham is certainly a welcome contribution in explaining the implications of the Max Schrems case by the European Union Court of Justice, and specifically…