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Happy New Year to all Lawfare readers. Starting this month, Lawfare will be offering a new feature, which I will be editing alongside the Book Reviews. This new feature (tentatively titled just plain "...
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I am emerging briefly from a much-needed, week-long blog hiatus to give warm greetings and wishes for the New Year to Lawfare readers everywhere, particularly those deployed in harm's way. The year that'...
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By Marty Lederman and Steve Vladeck*
[Cross-posted at OpinioJuris]
Section 1021 of the NDAA and the Laws of War
In our companion post, we explained that section 1021 of the NDAA will not have the dram...
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By Marty Lederman and Steve Vladeck*
[Cross-posted at OpinioJuris]
Editorial pages and blogs have been overrun in the past couple of weeks with analyses and speculation about the detainee provisions in...
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According to the AP, President Obama signed H.R. 1540, the National Defense Authorization Act, into law this morning in Hawaii. Below the fold is the text of the signing statement accompanying the bill:
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As Raffaella mentioned earlier, the Ninth Circuit released three opinions on Thursday relating to class action litigation against the government and major telecommunications companies (AT&T, Verizon, etc...
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A generally light news day.
Charlie Savage has this terrific piece in the New York Times on the GOP presidential candidate's views on executive power, based on their responses to a Times survey.
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There's been a fair amount of media and blog attention to the proposed new rules governing (and substantially widening) the government's access to communications between military commission defendants an...
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Headlines and Commentary took a short respite despite the plethora of goings-on this past week, so brace yourself for a lengthy news roundup today, as we go over some of the stuff you may have missed.
T...
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Published by Penguin Press (2011)
Reviewed by Benjamin Wittes
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Fayiz Mohammed Ahmed Al-Kandari has filed a petition for rehearing en banc with the D.C. Circuit Court in his case against the U.S. His singular question is whether the Federal Rules of Evidence apply to...
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I'm taking a break from de-ornamenting my Christmas tree (or, more accurately, spreading an astonishing number of dried-out pine needles around my living room) to draw attention to this very interesting ...
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A dispatch from the Lawfare North Pole: the White House seems to be using more aggressive language, in opposing Congress’s recent efforts to limit the executive branch’s authority over detainee affairs.
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On Thursday, Judge Richard Leon of the U.S. District Court in D.C. issued a little-noticed decision granting dismissal in Al Janko v. Gates. The case is noteworthy, however, because Al Janko–unlike other...
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In September, a team of Dutch virologists announced that they had created a strain of the avian influenza (H5N1) that, at least in lab animals, was as contagious as the seasonal flu.
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Cully Stimson of the Heritage Foundation, who served as deputy assistant secretary of defense for detainee affairs between 2006 and 2007, writes in with the following thoughtful essay about the Daqduq ca...
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The New York Times and columnists Charlie Savage and Scott Shane have filed suit under the Freedom of Information Act against the Department of Justice for access to the OLC memo authorizing the targeted...
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Stephen Voss, a philosophy professor at Bogazici University in Istanbul, writes in with the following response to Bobby's and my NDAA FAQ:
The current NDAA contains, in section 1021, legislation that may...
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David Glazier (Loyola Los Angeles) writes in with the following guest post in response to my earlier musings on the distribution of blame for the outcome in the Ali Musa Daqduq case:
I think the analysis...
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