Litigation
826 Articles
Orin Kerr’s Unconvincing Defense of Yesterday’s Second Circuit (Non-)Ruling
Over at the Volokh Conspiracy, my friend Orin Kerr has a thoughtful post up about yesterday’s Second Circuit decision in ACLU v. Clapper, which refused to enjoin the…
Section 215 and “Fruitless” (?!?) Constitutional Adjudication
This morning, the Second Circuit issued a follow-on ruling to its May decision in ACLU v. Clapper (which had held that the NSA’s bulk telephone records program was unlawful…
Safe Harbor and Reforming Section 702
Having only belatedly caught up on the European Court of Justice’s Safe Harbor decision, I wanted to weigh in on the excellent discussion between Tim Edgar and Peter Margulies…
Drone Disclosures, Official and Not
As readers of this blog already know, last week The Intercept published a series of fascinating stories about the US drone campaign. The stories, and the official documents that…
Korematsu’s Demise?
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 week or looks…
What the Third Circuit Said in Hassan v. City of New York
In Hassan v. City of New York, the Third Circuit yesterday emphatically overturned a New Jersey district court, which had dismissed a challenge to the New York City Police Department’s…
The Obama Administration’s Misguided Opposition to Tariq Ba Odah’s Request for Judicial Relief
On October 15, a federal district court in Washington, DC, will hear argument in Ba Odah v. Obama, a habeas challenge by a Guantánamo detainee whose prolonged hunger strike has…
Mass Surveillance and the Right to Privacy: Adding Nuance to the Schrems Case
Last week’s post by Megan Graham is certainly a welcome contribution in explaining the implications of the Max Schrems case by the European Union Court of Justice, and specifically…
Adding Some Nuance on the European Court’s Safe Harbor Decision
Yesterday, the European Court of Justice (ECJ) issued a decision about European data protection laws as they relate to data transfers to the US. While there have been a number…
New California Human Rights Legislation
Amidst all the coverage of California’s new assisted suicide law, it may have been missed that Governor of California Jerry Brown signed important human rights legislation into…
The AUMF, ISIL, and… FOIA?
Earlier today on Twitter, USA Today‘s Brad Heath posted the key paragraphs from DOJ’s denial of his FOIA request for any OLC memos relating to the applicability of…
D.C. Circuit Grants Rehearing En Banc in al Bahlul (and Highlights My Poor Math Skills)
This afternoon, the D.C. Circuit granted rehearing en banc in al Bahlul v. United States, the constitutional challenge to the Guantánamo military commissions’ authority to try…