Has the U.S. government’s authority to use military detention under the 2001 authorization for the use of military force (AUMF) quietly expired? So argue a group of eleven Guantanamo detainees in a habea...

Attorney General Jeff Sessions, in a letter to Acting Homeland Security Secretary Elaine Duke, provided several bases to justify the rescission of Deferred Action for Childhood Arrivals (DACA). Judge Wil...

Thanks to Professor Greg McNeal at Pepperdine University School of Law, an interesting Justice Department policy document has come to light.

Judge William Alsup halted the Trump administration’s plan to wind down the Deferred Action for Childhood Arrivals (DACA) policy, because he found that the challengers were “likely to succeed on the meri...

The Trump Administration's decision to end the Temporary Protected Status (TPS) for El Salvadorans is garnering nothing but condemnation. Typical is report by the Washington Post headlined (on line) "Tr...

As readers are likely aware, there has finally been meaningful movement in the case of “John Doe,” an unnamed U.S. citizen who has been detained by the U.S. military in Iraq as an “enemy combatant” since...

In a recently published article, “Taking Steel Seizure Seriously: The Iran Nuclear Agreement and the Separation of Powers,” 86 Fordham L. Rev. 1199 (2017), Steven Menashi and I question the constitutiona...

The public has focused on the current wave of protests in Iran and how it might embolden President Donald Trump to fulfill his promise to walk away from the Iran nuclear agreement, officially known as th...

The Supreme Court is scheduled to consider a cert petition in Defense Distributed v. State Department as part of its conference today. A little over a year ago, I wrote a post for Lawfare detailing the c...