courts
742 Articles
Military Commissions and Unintended Constitutional Consequences
Over at Lawfare, I have a post up this morning providing a preview of next Tuesday’s oral argument in the D.C. Circuit in In re al-Nashiri–a mandamus action challenging…
Basic category error by ten members of the Senate Judiciary Committee
Last Tuesday, AG-Designate Loretta Lynch, in her capacity as U.S. Attorney for the Eastern District of New York, announced the unsealing of a complaint and arrest warrant that…
What it Really Means to “Close Guantánamo”
[Editors’ Note: 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…
Inexplicable(?) New York Times Op-Ed on Inspire Magazine and the First Amendment
In today’s New York Times, a lawyer named Martin London has published an Op-Ed full of alarm, with dire warnings about “First Amendment fundamentalists” who…
The Three Legal Questions Left Unresolved by al-Libi’s Death
Just 10 days before his trial on terrorism charges was set to begin in Manhattan federal court, accused al Qaeda operative Nazih Abdul-Hamed al-Ruquai, from Libya, better known…
Top 10 Year in Review: International Criminal Justice
As part of our “year in review” series, I suggest below some of the top developments in international criminal justice with links to our prior coverage, and the thoughts of…
Guest Post: Drone Courts–A Response to Professor Vladeck
Editors’ note: In this post, Professors Brand, Guiora, and Barela reply to Steve Vladeck’s December 2 post, “Drone Courts: The Wrong Solution to the Wrong Problem,”…
Drone Courts: The Wrong Solution to the Wrong Problem
A new chapter by Professors Amos Guiora and Jeffrey Brand–“Establishment of a Drone Court: A Necessary Restraint on Executive Power“–has been receiving…
The Hicks Military Commission Appeal
Just over a year ago, I wrote a post about the David Hicks and Omar Khadr cases–and the very real possibility that, as a result of the D.C. Circuit’s decision in “Hamdan…
Due Process and Detention at Guantanamo: Closing the Constitutional Loopholes
The D.C. Circuit recently heard argument in Al Bahlul v. United States, where the defendant has made a series of constitutional challenges to the Guantanamo military commissions. …
Belhaj v. Straw: UK Court of Appeal allows torture claims to proceed
The UK Court of Appeal has handed down its judgment (full text) in the case brought by Abdul-Hakim Belhaj and his wife against the UK’s alleged role in their abduction, rendition…
Military Commissions After Guantánamo
This Wednesday morning at 9:30 (EDT), a three-judge panel of the D.C. Circuit (Henderson, Rogers, & Tatel, JJ.) will hear oral argument in al Bahlul v. United States–a Guantánamo…