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681 Articles
State Secrets Might Get a Little More Secret
The state secrets privilege has been the topic of significant academic and judicial focus, particularly in the post-9/11 era in which invocations of the privilege were seen by…
East Africa Embassy Bombing Defendant Contests Miranda Waiver
In the last scheduled pre-trial hearing for alleged al-Qaeda operative known as Anas al-Libi, the defendant took the witness stand on Wednesday to contest the United States government’s…
Supreme Court of Canada Rules Individuals cannot sue a Foreign State in Canada for Torture Committed Abroad
On Friday, the Supreme Court of Canada (SCC) affirmed that individuals cannot bring civil actions in Canada against a foreign state, which includes foreign officials, for acts…
EU-Funded Study: Electronic Mass Surveillance Fails – Drastically
(This article presents the results of research by the SURVEILLE [Surveillance: Ethical Issues, Legal Limitations, and Efficiency] consortium, a European Union-funded multidisciplinary…
Twitter’s First Amendment Suit & the Warrant-Canary Question
This week, Twitter lobbed the latest volley in what has been both a fascinating and encouraging repositioning of technology companies vis-à-vis the U.S. government—a pivot that…
Clapper, Adobe, and Article III Standing for Surveillance Harms
A recent decision from a federal court in the Northern District of California has added a new and interesting chapter to the decades-long saga of Article III standing in privacy…
Executive Order 12333 and the Golden Number
I recently moderated a debate between Professor Nathan Sales of Syracuse Law, Professor Laura Donohue of Georgetown Law, Bob Litt, general counsel of the Office of the Director…
Australia’s Draconian Response to the Security Council’s Resolution on Foreign Terrorist Fighters
On September 24, the UN Security Council passed a resolution that, among other things, ordered member States to curb the flow of foreign nationals who travel to the Middle East…
Obama Administration Landmine Policy – Part II
Part one can be found here. On his way to the opening of the UN General Assembly in New York last month, President Barack Obama stopped at the Clinton Global Initiative, where…
A Comment on Security Council Res 2178 (Foreign Terrorist Fighters) as a “Form” of Global Governance
This short blog post is a comment to Zachary Goldman’s Just Security post, “The Foreign Fighter Resolution: Implementing a Holistic Strategy to Defeat ISIL.” Goldman…
Sustaining the War Effort: Targeting Islamic State Oil Facilities
Much of the legal analysis about the United States and its coalition partners’ airstrikes in Syria to date has concentrated on whether such strikes are lawful. The commencement…
It’s Time to Pass the USA Freedom Act—Warts and All
Thirteen years after 9/11, the United States Congress appeared poised to begin the long overdue process of reining-in the intelligence establishment’s runaway surveillance practices.…