Fourth Circuit

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Birthright Citizenship and DOJ’s Misuse of History in Its Appellate Briefs

Although the DOJ's briefs in birthright citizen cases might initially seem well-supported, a close look reveals that it is grasping at straws.
Just Security

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.,…
Just Security

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…
Just Security

Warrantless Phone Tracking: The Fourth Amendment and Circuit Splits

Last week, a divided three-judge panel of the Fourth Circuit ruled in United States v. Graham that the government must obtain a warrant to obtain from a phone user’s historical…
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Abu Ghraib and the Perversion of the Political Question Doctrine

I’ve written extensively about the important and complex legal questions raised by state-law tort suits against private military contractors, many of which have arisen in…
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