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The very public fight between Apple and the FBI over the last six weeks has not only reinvigorated the broader debate over the “going dark” concern (and the larger, age-old tension between privacy and se...
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Charlie Savage’s piece on the legal basis for the March 5 U.S. strike against an al Shabaab training camp, which allegedly killed 150 fighters, raises the intriguing question of whether the AUMF has been...
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Over at Time I have an essay on the Garland nomination. Following on a point Ben made yesterday, I argue:
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Judge Merrick Garland has some experience with what he is about to go through: being stonewalled by senators who profess to have nothing against him. Back in 1995, when he was nominated to the D.C. Circu...
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These days, when the United States plays the lead role in using lethal force or detaining and interrogating prisoners, the force typically involves only airpower and detention-and-interrogation typically...
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The House Judiciary Committee heard testimony today on "International Conflicts of Law Concerning Cross Border Data Flow and Law Enforcement Requests." The two-panel hearing included remarks from Princip...
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On Friday, February 19, the Constitutional Council upheld two articles of the state-of-emergency law—meeting bans and warrantless searches—as constitutional, but struck down a provision allowing the poli...
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The National Assembly voted this week to adopt an amendment that would enshrine the state of emergency in the French Constitution and extend denaturalization to dual-nationals born in France who are conv...
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The Privacy and Civil Liberties Oversight Board (PCLOB) released its most recent Recommendations Assessment Report on Friday, February 5th. The Recommendations Assessment Report follows up on the 22 reco...
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Last night, Senate Majority Leader Mitch McConnell (R-KY) along with four other Republican co-sponsors, Sen. Lindsey Graham (R-SC), Sen. Daniel Coats (R-IN), Sen. Orrin Hatch (R-UT), and Sen. Joni Ernst ...
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President Obama has sent 39 letters to Congress “consistent with” the War Powers Resolution requirements. The letters are a fascinating read and provide a 30,000-foot view of the Administration’s use of ...
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On December 27, China’s National People’s Congress passed the country’s much-debated anti-terrorism legislation.