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If a person can't be troubled to agree with me, the very least he can do is to write good prose. Man, oh man, can Sabin Willett write good prose! Willett, who represented the Uighurs in their Supreme Cou...
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Last Monday Harvard Law School conferred its medal of freedom on one of its graduates, General Mark Martins, Commander of the Rule of Law Field Force -Afghanistan. The Harvard National Security Journal ...
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We at Duke University are initiating a year-long project in which a number of us will be considering and discussing the relationship between law and custom. In connection with that project, I have star...
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The other day, I expressed bewilderment at the intellectual convergence between the political Left and Judge Laurence Silberman over whether post-Boumediene litigation has left habeas an empty shell.
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One GTMO-related case—Khadr v. Obama (No. 10-751) remains pending before the Supreme Court at the certiorari stage, and it has just been re-listed for the first time (Kiyemba, in which the Court just den...
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Today the Supreme Court denied cert. to the five Uighur detainees held at Guantanamo.
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Two quick comments on today's New York Times editorial:
First, the Times begins with a remarkable normative assertion: "In bringing justice to those accused of plotting the Sept.
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Yesterday the House Armed Services Committee's Subcommittee on Oversight and Investigations held a hearing on Guantanamo Detainee Transfer Policy and Recidivism.
The link to the hearing Web site, which ...
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Bobby and I just finished an unusually good panel at the annual Duke University national security law conference. It was entitled "Indefinite Detention of Terrorists" and was one of the best such events ...
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Michael Glennon, a longtime critic of presidential war unilateralism, has written a sharp critique of the April 1 OLC Opinion in support of the Libya intervention. The conclusion (footnotes omitted):
OL...
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Today counsel for the five Kiyemba v. Obama petitioners who are seeking cert.
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The United States is still bombing, under NATO command. And Congress, which has not authorized this action, is still dithering. If this pattern continues for another month (or two), the administration ...