Marty Lederman

Articles by this author:

Two new excellent accounts about why the torture program won’t be revived

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Nov 28th, 2016

Administration reportedly deems al Shabaab to be an “associated force” of al Qaeda

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Nov 27th, 2016

Judge Kollar-Kotelly dismisses Captain Smith’s suit

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Nov 22nd, 2016

Good news: DoD to correct proportionality sections of Law of War Manual

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Nov 14th, 2016

The JASTA veto message

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Sep 23rd, 2016

DOJ reply brief in Smith v. Obama

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Sep 16th, 2016

Does Operation Inherent Resolve set a troubling constitutional precedent?: Engaging with Goldsmith and Waxman

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Sep 12th, 2016

GTMO Update on the final 61 detainees–PRB initial review hearings (finally) completed

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Sep 8th, 2016

More on Captain Smith’s “following orders” theory of standing (and Little v. Barreme)

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Aug 22nd, 2016

Captain Smith’s brief on the merits in the litigation challenging the legality of Operation Inherent Resolve (PQD and merits)

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Aug 19th, 2016

61

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Aug 16th, 2016

The Presidential Policy Guidance for targeting and capture outside Afghanistan, Iraq and Syria

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Aug 6th, 2016

DOJ’s Motion to Dismiss in Smith v. Obama, the case challenging the legality of the war against ISIL

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Jul 14th, 2016

John Brennan on “enhanced interrogation techniques”

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Jul 13th, 2016

A quick response to John Merriam on proportionality and military medical personnel

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Jul 9th, 2016

The CMCR’s Latest (Non-)Decision in al-Nashiri [UPDATED with links to supplemental briefs]

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Jul 8th, 2016

The government’s treatment of civilian casualties in counterterrorism operations [updated]

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Jul 1st, 2016

Troubling proportionality and rule-of-distinction provisions in the Law of War Manual

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Jun 27th, 2016

Would airstrikes against Assad be lawful and effective?: Reactions to the State “dissent cable”

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Jun 20th, 2016

Is it legal to target ISIL’s oil facilities and cash stockpiles?

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May 27th, 2016

Moves toward greater transparency on the use of lethal force [UPDATED]

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May 24th, 2016

Why Captain Smith’s suit to enforce the War Powers Resolution won’t be a big deal

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May 9th, 2016

The Egan speech and the Bush Doctrine: Imminence, necessity, and “first use” in the jus ad bellum

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Apr 11th, 2016

Are all “members” of ISIL targetable?

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Apr 9th, 2016

A brief response to Gabor Rona on the use of force by non-military personnel

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Apr 5th, 2016

[UPDATED–Now with VIDEO] ASIL Speech by State Legal Adviser Egan on international law and the use of force against ISIL

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Apr 4th, 2016

Georgetown Law panel on DOD Law of War Manual

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Apr 1st, 2016

Should (and can) the CIA use non-covert force against ISIL in Iraq and Syria?

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Mar 26th, 2016

A friendly critique of the proposed Chesney/Vladeck “middle ground” in the Apple/FBI disputes

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Mar 21st, 2016

Charlie Savage on Obama, GTMO and “Our Values”

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Mar 9th, 2016

DOJ’s appeal to district court judge from Magistrate Orenstein’s rejection of Apple All Writs Act order

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Mar 7th, 2016

Excellent summary of GTMO myths . . . and a classic case of the “false equivalence fallacy”

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Mar 7th, 2016

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