courts
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The Other, Lurking Constitutional Question in al-Bahlul
I would add only one thing to Jen’s thorough summary of the al-Bahlul argument next Monday, about something she references at the very end of her post: Besides ex post…
Preview — Al Bahlul in the D.C. Circuit: The Fate of Military Commissions at Guantánamo
On Monday, September 30, the D.C. Circuit, sitting en banc, will hear argument in al Bahlul v. United States – a case definitely worth watching. The immediate question is whether…
Charles Taylor Verdict Today: New Standard of Liability for Aid to Rebel Forces?
The Appeals Chamber of the Special Court for Sierra Leone (SCSL) today unanimously upheld the conviction and 50-year sentence of former Liberian President Charles Taylor for aiding…
Unprivileged Does Not Mean Prohibited
In his latest post, Ryan takes issue with those who argue that it would violate international law for a state civilian agency, such as the CIA, to use force in an armed conflict. …
Are Journalists in Danger of Prosecution for Espionage?
Following up on Steve’s post, and in timely anticipation of Just Security’s event this afternoon, I was struck by Gabriel Schoenfeld’s somewhat fevered suggestion that the…
The Espionage Act and the Press: A Short Response to Gabe Schoenfeld
In his provocative guest post (which should, if nothing else, provide that much more of a reason to check out tomorrow’s Just Security launch event), Gabe Schoenfeld asks…
The Espionage Act and National Security Reporting
Liberals and conservatives seem to agree that the Obama administration has been waging a “war against the press.” On the Left, we have Salon and the Huffington Post condemning,…
EU Law Meets a U.S. Army Deserter
A German Court considering the appeal of a U.S. soldier Andre Shepherd who sought asylum in Germany after deserting his Iraq bound unit in 2007, has made a preliminary reference…
Flip Flops?: The Conflict with Al Qaeda Is (Not) a War
Following the September 11 attacks in 2001, President George W. Bush justified several military actions on the ground that the United States was now in an armed conflict with Al…
Time to Retire the Military Commissions
Last Monday morning, as a military judge read each of the men accused of plotting the 9/11 terrorist attacks their rights to attend the hearings in their case, two of them objected.…