courts
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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…
Adding Some Nuance on the European Court’s Safe Harbor Decision
Yesterday, the European Court of Justice (ECJ) issued a decision about European data protection laws as they relate to data transfers to the US. While there have been a number…
D.C. Circuit Grants Rehearing En Banc in al Bahlul (and Highlights My Poor Math Skills)
This afternoon, the D.C. Circuit granted rehearing en banc in al Bahlul v. United States, the constitutional challenge to the Guantánamo military commissions’ authority to try…
Lifting the Gag Order on One NSL is Good, But It’s Just a Start
Earlier this week, the public got a look at that rare occurrence in a national security case: a court lifting a gag on the recipient of a surveillance request. On August 28, Judge…
Will Filartiga Survive?
On September 16, the Fourth Circuit will hear oral argument in Warfaa v. Ali, a case brought by the Center for Justice and Accountability under the Alien Tort Statute (ATS) and…
The Microsoft Warrant Case: Response #2 to Orin Kerr
Over at the Volokh Conspiracy, Orin Kerr responds, point by point, to my disagreement with his take on the Microsoft warrant case. I thank Kerr for continuing the conversation,…
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,…
Armed Opposition Groups’ Courts: Challenging the Lawfulness of Detentions in Light of the Serdar Mohammed Appeals Judgment
Much has already been written on the authority to detain in non-international armed conflicts (NIACs) (see here, here, and here for recent posts). So much so, in fact, that it…