Courts

A Readers’ Guide to the Apple All Writs Act Cases

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Mar 1st, 2016

[UPDATED] Magistrate Judge Orenstein’s order in the EDNY, denying DOJ’s All Writs Act request . . .

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Mar 1st, 2016

The State Department’s Records and Response Problems Are Not New, They’re Systemic

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Feb 26th, 2016

Apple’s motion to vacate the All Writs Act assistance order: Has Apple chosen the best “test case”?

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Feb 26th, 2016

A Quick Update on Serdar Mohammed v. Ministry of Defence

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Feb 25th, 2016

Closing Guantánamo, Episode XXVIII: This Time, We Really, Really (Really!) Mean It…

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Feb 23rd, 2016

Who Sets the Rules of the Privacy and Security Game?

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Feb 22nd, 2016

Iraq and Syria: Prospects for Accountability

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Feb 22nd, 2016

Justice Scalia, Privacy, and Where We Go From Here

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Feb 19th, 2016

D.C. Circuit Quietly Set to Hear Major National Security Appeals

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Feb 16th, 2016

When Did the War With al-Qaeda Start?

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Feb 12th, 2016

A FOIA Circuit Split That the Supreme Court Needs To Resolve

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Dec 23rd, 2015

Why should the Constitution require Article III courts for criminal trials of federal offenses?

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Dec 14th, 2015

Military Commissions and Fairness

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Dec 14th, 2015

Second Circuit Denies Rehearing En Banc in Turkmen; Is Supreme Court Next?

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Dec 11th, 2015

Why Aren’t Criminal Defendants Getting Notice of Section 702 Surveillance — Again?

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Dec 11th, 2015

On Human Rights Day, One Year On: No Apology and No Accountability for US Torture

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Dec 10th, 2015

What’s Missing from Constitutional Analyses of Donald Trump’s Muslim Immigration Ban

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Dec 10th, 2015

European Human Rights Court Deals a Heavy Blow to the Lawfulness of Bulk Surveillance

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Dec 9th, 2015

The Government’s Surprising (and Flawed) New Attack on Habeas Corpus in Immigration Cases

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Dec 8th, 2015

Texas and the Syrian Refugees

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Dec 4th, 2015

Counting to Six in Al Bahlul IV

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Dec 1st, 2015

Reflections from the en banc al Bahlul oral argument

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Dec 1st, 2015

Abstention and the “Other” D.C. Circuit Military Commission Appeal

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Nov 30th, 2015

We Don’t Need to Broaden Military Commissions’ Jurisdiction

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Nov 30th, 2015

Bulk Collection Under Section 215 Has Ended… What’s Next?

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Nov 30th, 2015

Clarifying what’s at stake in al Bahlul (short answer: judge and jury) . . . and what’s not

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Nov 30th, 2015

Al Bahlul and the Risks of Legitimating Departures from Article III Jurisdiction

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Nov 25th, 2015

No War Crime? No War Crimes Trial!

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Nov 24th, 2015

Still Secret: Second Circuit Keeps More Drone Memos From the Public

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Nov 24th, 2015

Why Al Bahlul IV Won’t Matter

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Nov 24th, 2015

Al Bahlul’s Commission Conviction and the Pragmatic Jurisprudence of Article III

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Nov 23rd, 2015

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