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The constitutional text governing national security law is full of gaps and oversights. This is particularly true with regard to the President. Notwithstanding occasional claims of extra-constitutional, ...
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A little more than 99 years ago, and several months after the United States declared its entry into the Great War against the Central Powers of Europe, Charles Evans Hughes declared in a widely publicize...
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Tonight, Longwood University will host the first and only debate between Vice Presidential candidates Tim Kaine and Mike Pence.
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In late 2014, the General Court of the European Union (GC) annulled, on due process grounds, several measures that kept Hamas and the LTTE (Tamil Tigers) on the EU terrorism sanctions list.
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Captain Smith’s brief opposing the Government’s Motion to Dismiss.
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As Ben notes (and analyzes thoughtfully) here, Trump gave a speech today that included various proposals relating to terrorism. Here's the part that touched on DOJ and terrorism prosecutions:
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Editor's Note: This article has been updated to more accurately reflect the circumstances under which a defense intelligence component may collect U.S. personal information inside the United States.
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We have a new piece in The Washington Quarterly, titled “The Legal Legacy of Light-Footprint Warfare.” President Obama’s approach to military intervention has generally emphasized stealthy and often long...
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Last month, the Israeli Knesset (Parliament) passed comprehensive legislation overhauling domestic counterterrorism authorities. When it enters into force in November, the new Counterterrorism Law will r...
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The government has just filed its brief responding to Captain Smith’s challenge to the president’s unilateral war against ISIS. The government’s lengthy brief cites more than eighty judicial decisions, b...
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As the Obama administration approaches its end, it is interesting to watch former Obama administration officials debate and disagree about its legal legacy. The most recent episode came in response to th...
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Editor's Note: This piece also appears on the Power Wars blog and Just Security.