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22 May 2013, 6:00 am by Robert Chesney
This thumbnail sketch provides key context for understanding post-9/11 debates regarding the constitutionality of military detention for U.S. citizens. [read post]
18 Apr 2013, 4:57 pm by Trey Childress
First, according to the Court in the Kiobel decision, ATS cases are subject to the presumption against extraterritoriality recently rearticulated in Morrison v. [read post]
17 Apr 2013, 11:30 am by Raffaela Wakeman
Wells noted the Supreme Court’s decision in Kiobel v. [read post]
17 Apr 2013, 10:21 am by Steve Vladeck
While all that was going on, a remarkably similar issue was being argued to the U.S. [read post]
18 Mar 2013, 6:30 am by Benjamin Wittes
Here are three permutations, though there are more: First, a court to review and approve all targeted lethal force by the U.S. government away from any so-called “hot battlefield,” against a terrorist, including in the course of a congressionally-authorized armed conflict conducted by the U.S. military; Second, a court to review and approve targeted lethal force by the U.S. government away from the “hot battlefield,” but only… [read post]
11 Mar 2013, 1:17 pm by Bexis
We've been informed by counsel that the Dobbs litigation - the case that brought us Dobbs v. [read post]
27 Feb 2013, 7:00 am by Benjamin Wittes
Since many U.S. actions using lethal force would constitute murder or other crimes during peacetime, this is actually a pivotal point. [read post]
21 Feb 2013, 4:33 am by Susan Hennessey
” Pakistani Intelligence Announces Its Full Cooperation With U.S. [read post]
6 Feb 2013, 10:45 am by Jonathan Hafetz
Note here Quirin and Hamdi's reference to clearly established and universally accepted law-of-war principles in finding the president's use of the military constitutional.The paper does acknowledge that procedural due process can limit the president's authority to use military force against a U.S. citizen, citing Hamdi and its invocation of the Matthews v. [read post]