Litigation
840 Articles
We Don’t Need to Broaden Military Commissions’ Jurisdiction
Editor’s Note: This is the most recent post in a mini-symposium leading up to tomorrow’s en banc oral argument in the US Court of Appeals for the District of Columbia Circuit…
Clarifying what’s at stake in al Bahlul (short answer: judge and jury) . . . and what’s not
Editor’s Note: This is the most recent post in a mini-symposium leading up to tomorrow’s en banc oral argument in the U.S. Court of Appeals for the District of Columbia Circuit…
Al Bahlul and the Risks of Legitimating Departures from Article III Jurisdiction
Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can check…
No War Crime? No War Crimes Trial!
Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can check…
Still Secret: Second Circuit Keeps More Drone Memos From the Public
Secret law has been anathema to our democracy since its Founding, but a federal appeals court just gave us more of it. Almost two centuries ago, James Madison wrote that “[a]…
Why Al Bahlul IV Won’t Matter
Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can check…
Al Bahlul’s Commission Conviction and the Pragmatic Jurisprudence of Article III
Editor’s Note: This is the most recent post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can…
Previewing Next Tuesday’s Oral Argument in “Al Bahlul IV”
Editor’s Note: This is the first post in a mini-symposium leading up to next week’s en banc oral argument in the DC Circuit in Al Bahlul v. United States. You can check…
Section 702, the Fourth Amendment, and Article III: The Muhtorov (Non-)Decision
Because of the difficulties civil litigants have encountered in challenging section 702 of the Foreign Intelligence Surveillance Act (as created by the FISA Amendments Act of 2008),…
The Legal Legacy of the NSA’s Section 215 Bulk Collection Program
Last week’s opinion in Klayman v. Obama by Judge Richard Leon dealt another, emphatic(!) blow to the constitutionality of the NSA’s bulk phone record surveillance program under…
Belhaj v. Straw: UK Supreme Court Hearing Case on UK Complicity in US Rendition and Torture
The United Kingdom Supreme Court heard arguments this week in two critical cases concerning the UK’s role in the United States’ rendition, detention, and interrogation efforts…
Judge Leon’s Poignant, Yet Pointless, Injunction in Klayman
A long time 12 days ago, I wrote a post sharply criticizing the Second Circuit for deciding not to decide the Fourth Amendment question in ACLU v. Clapper, which arises from the…