Litigation
855 Articles
The Perverse and Unintended Consequences of Serdar Mohammed v. Defence
An important case in the United Kingdom (Serdar Mohammed v. Defence) and a major statement by the UN Human Rights Committee (General Comment 35) come to the wrong legal conclusion:…
The Government (Sort of) Wins a Guantánamo Military Commission Appeal
No, not that one. In a two-page order issued this morning, the D.C. Circuit (Tatel, Griffith, & Silberman, JJ.) dismissed the appeal of former Guantánamo detainee Ibrahim…
Has the Government Conceded that Courts Can Review Detainees’ End-of-War Claims?
The first article I published after law school was a little piece in the January 2006 issue of the Journal of National Security Law & Policy, focusing on the then-hypothetical…
The al Bahlul Oral Argument Semianniversary
Today, April 22, marks the six-month anniversary of the oral argument before the D.C. Circuit in al Bahlul v. United States, by far the most significant constitutional challenge…
Wikimedia v. NSA: Standing and the Fight for Free Speech and Privacy
On March 10, 2015, represented by the ACLU, the Wikimedia Foundation and eight co-plaintiffs filed suit against the NSA, the Justice Department, and others, over the mass search…
Diplomatic Assurances, Torture, and Judicial Review:
The Bimenyimana Appeal
Later this year, the U.S. Court of Appeals for the Fourth Circuit will hear argument in one of the more quietly important torture cases to come before the federal courts in the…
Ninth Circuit Grants En Banc Rehearing in Posse Comitatus / Unlawful Surveillance Case
Back in September, I wrote about the Ninth Circuit’s fascinating decision in United States v. Dreyer, which applied the exclusionary rule to suppress evidence obtained…
Perfidy, ambush, snipers, and the COLE bombing (al Nashiri) case
Thanks to Rogier Bartels and Kevin Heller for their fascinating debate here and at Opinio Juris on whether the alleged Israeli/U.S. car-bomb operation operation that killed Hezbollah’s…
Salvadoran General Deemed Deportable In the Absence of Criminal Charges
UPDATE: Former Defense Minister of El Salvador, Vides Casanova, has been detained pending extradition. The Board of Immigration Appeals (BIA) ruled last week that General Carlos…
Why Wikipedia is Suing the NSA
This week, the Wikimedia Foundation, sued the NSA over surveillance efforts taking place on US soil, specifically the “upstream” collection of Internet data in an effort to…
Supreme Court Denies Cert in Samantar v. Yousuf
On Monday, the US Supreme Court denied certiorari in Samantar v. Yousuf, ending an attempt by the former Prime Minister of Somalia to claim that the torture and extrajudicial killing…
Wikimedia Sues the NSA
This morning, the organization behind Wikipedia, the Wikimedia Foundation, sued the NSA, the Office of the Director of National Intelligence, the Justice Department, and their…