courts
798 Articles
Fourth Circuit To Hear Abu Ghraib Political Question Doctrine Appeal
Tomorrow morning, an (as-yet-unannounced) panel of the US Court of Appeals for the Fourth Circuit will hear the (third!) appeal in Al Shimari v. CACI Premier Technology, Inc.,…
The Supreme Court’s Troubling Neglect of Courts-Martial
Later this year, the Supreme Court will decide whether to take up the case of Akbar v. United States — in which the Petitioner is seeking review of a capital court-martial…
Are US Courts Going Dark?
Now that the cell phones in San Bernardino and Brooklyn have been unlocked (no thanks to Apple), FBI warnings about “going dark” in the face of advancing digital encryption…
One-and-a-Half Cheers for Salim v. Mitchell
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 Proposed Military Commissions Fix Is Anything But
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 9/11 Civil Litigation and the Justice Against Sponsors of Terrorism Act (JASTA)
For lots of readers, I suspect Saturday’s front-page New York Times story by Mark Mazzetti was their first exposure to the ongoing efforts by 9/11 victims and their families…
A New Lawsuit from Microsoft: No More Gag Orders!
Microsoft is once again making headlines via litigation over government’s use of the Stored Communications Act. For the past two years, it was Microsoft’s lawsuit challenging…
Obama’s Plan Is Not a Guantánamo North
President Obama’s plan to close Guantánamo has seemingly been criticized by all sides of the political spectrum. At a hearing before the House Foreign Affairs Committee this…
FBI Discovers It Can Access That iPhone After All
Update: The FBI is now explicitly denying that the method described in this post is the one they’re planning to employ — so apparently my suspicion was mistaken and they…
Justice Garland and National Security Accountability: What’s Missing from the Dueling Guantánamo Accounts
Not surprisingly, folks looking for interesting things to say about Chief Judge (and Supreme Court nominee) Merrick Garland’s jurisprudence during his 19-year tenure on the…
The Growing Divide Between European Governments and Regional Courts on Surveillance
Last week, as he delivered his first report to the UN Human Rights Council, the UN Special Rapporteur on the right to privacy made headlines with his sharp criticism of the United…
FOIA Litigation Has Its Own Rules, But We Deserve Better
When will federal judges start acting more like State Department flacks? It’s a question worth thinking about during Sunshine Week. For those of us who regularly litigate national…