Courts

The FISC’s Newest Opinion: Proof of the Need for an Amicus

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Jun 23rd, 2015

The Hidden Meaning (Maybe) of the New FISC Opinion

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Jun 19th, 2015

Abu Ghraib and the Perversion of the Political Question Doctrine

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Jun 19th, 2015

Major Second Circuit Ruling Sides With Immigrants Subjected to Post-9/11 Roundup

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Jun 17th, 2015

Why al Bahlul is Rightly Decided

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Jun 17th, 2015

Britain’s Al-Saadoon Case: A Matter of Human Rights Law and the use of Military Force Overseas

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Jun 16th, 2015

Zivotofsky podcast

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Jun 13th, 2015

Thoughts on Zivotofsky, Part Six: Why the majority’s surprising decision on executive exclusivity is unpersuasive

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Jun 13th, 2015

Thoughts on Zivotofsky, Part Five: Why did the majority choose to decide whether the President’s “recognition” power is exclusive?

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Jun 13th, 2015

What al Bahlul Says, and What It Means

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Jun 12th, 2015

al-Bahlul decided: Court invalidates military commission conviction for domestic-law offense

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Jun 12th, 2015

Closing Guantánamo Will Help Combat Terrorist Propaganda

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Jun 12th, 2015

Thoughts on Zivotofsky, Part Four: Justice Thomas as constitutional iconoclast (or, “What was so terrible about King George III, anyway?”)

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Jun 11th, 2015

Why the Latest Ridiculous Guantánamo Amendment is Almost Certainly Unconstitutional

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Jun 11th, 2015

Thoughts on Zivotofsky, Part Three: The broad consensus on presidential and congressional foreign affairs authorities

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Jun 11th, 2015

Thoughts on Zivotofsky, Part Two: Whither Article III standing?

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Jun 10th, 2015

An Important New Filing in the Continuing Saga of Mohamedou Ould Slahi

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Jun 10th, 2015

Thoughts on Zivotofsky, Part One: How groundbreaking is it?

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Jun 10th, 2015

The (Telephony) Matrix Reloaded

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Jun 9th, 2015

Supreme Court Sides with Executive Branch Over Jerusalem

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Jun 8th, 2015

The Senate’s Guantánamo Bill: A Wolf in Sheep’s Clothing

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Jun 8th, 2015

Three Problems With Judge Brown’s Opinion in Tuaua

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Jun 7th, 2015

D.C. Circuit Rejects Birthright Citizenship for American Samoans

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Jun 5th, 2015

Text of the Senate Bill for Closing Guantánamo Plus White House’s Veto Recommendation

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Jun 4th, 2015

Rand Paul and Surveillance Reform, Part II

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Jun 2nd, 2015

Mootness and the 215 Challenges

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Jun 1st, 2015

How Rand Paul Hijacked Surveillance Reform

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Jun 1st, 2015

al Warafi’s active hostilities

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May 28th, 2015

Understanding the “end of war” dispute in the al Warafi habeas case

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May 27th, 2015

ACLU v. Clapper Will End the Telephone Dragnet

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May 15th, 2015

Lessons From the North: Omar Khadr’s Release on Bail in Canada

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May 14th, 2015

United States v. Davis – Wrestling With the Third Party Doctrine

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May 13th, 2015

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