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681 Articles
Charlie Hebdo and Hate Speech: Don’t Prosecute the Messenger
Nine months after their offices were attacked by Muslim extremists, Charlie Hebdo’s cartoonists are facing calls for prosecution for allegedly inciting hatred through cartoons…
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…
ODNI’s Latest Guantánamo Reengagement Numbers Are Encouraging
Earlier this month, the Office of the Director of National Intelligence (ODNI) released its bi-annual assessment of the “reengagement” of released Guantánamo Bay detainees.…
ECPA Reform: A Primer
Last week, the Second Circuit heard oral argument in the Microsoft Ireland case (transcript). The dispute raises a number of pressing questions about the Electronic Communications…
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…
A Weapon That Keeps on Killing
When the cluster bombs fell on the town of Kaunda in Sudan’s Nuba Mountains in late May, local authorities collected the bomblets that were scattered about and placed them in…
European Countries Are Edging Toward Their Own War on Terror
A version of this article first appeared on the European Council on Foreign Relations website. The United States looks less lonely in its use of drone strikes against terrorist…
The UK’s Letter to the UN Security Council Leaves Plenty of Unanswered Questions About Last Month’s RAF Drone Strike
Yesterday, I wrote a post helping to untangle some of the international law questions involved in last month’s UK drone strike in Syria that killed three individuals, two of…
The Legal Questions About the UK’s Drone Strike in Syria
The recent revelations of a UK drone strike in Syria targeting British individuals alleged to be linked to the Islamic State has generated much discussion, and the British government…
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…
Politicization of Intelligence: Lessons From a Long, Dishonorable History
The Daily Beast and the New York Times have reported allegations that senior (but thus far unidentified) Defense Department and United States Central Command (CENTCOM) officials…
The Difficulty With Metaphors and the Fourth Amendment
The Fourth Amendment to the US Constitution seems straightforward on its face: At its core, it tells us that our “persons, houses, papers, and effects” are to be protected…