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29 Sep 2010, 7:41 pm
by Kevin Jon Heller In its motion to dismiss the ACLU/CCR lawsuit, the government argues that the plaintiffs lack standing to bring the lawsuit on al-Aulaqi’s behalf, because al-Aulaqi has the option of surrendering to the government and bringing the lawsuit himself: Defendants state that if Anwar al-Aulaqi were to surrender or otherwise present himself to the proper authorities in a peaceful and appropriate manner, legal principles with which the United States has… [read post]
28 Sep 2010, 5:18 pm
by Kevin Jon Heller Ben Wittes at Lawfare and Adam Serwer at TAPPED traded posts today on the government’s motion to dismiss the ACLU/CCR lawsuit. [read post]
26 Sep 2010, 7:05 am
by Kevin Jon Heller In the past few hours, both Jack Goldsmith and Ben Wittes have argued that the Obama administration has “reluctantly” claimed that the ACLU/CCR lawsuit must be dismissed because of the state-secrets privilege. [read post]
25 Sep 2010, 7:14 pm
by Kevin Jon Heller The Obama administration recently filed its motion to dismiss the ACLU/CCR lawsuit that seeks to enjoin the government from using lethal force against Anwar al-Aulaqi. [read post]
25 Sep 2010, 6:24 pm
by Kevin Jon Heller Bobby Chesney has graciously responded at Lawfare to my post about detention in non-international armed confilct (NIAC). [read post]
21 Sep 2010, 6:58 pm
by Kevin Jon Heller The following is a guest post from Chimene Keitner, Associate Professor of Law at Hastings. [read post]
21 Sep 2010, 5:27 pm
Royal Dutch Petroleum has justifiably spurred much talk in the blogosphere, including posts by Trey Childress http://conflictoflaws.net/2010/is-it-the-end-of-the-alien-tort-statute/, Ken Anderson http://opiniojuris.org/2010/09/17/extra-thoughts-on-todays-2nd-circuit-ats-decision/, Julian Ku http://opiniojuris.org/2010/09/17/goodbye-to-ats-litigation-second-circuit-rejects-corporate-liability-for-violations-of-customary-international-law/, and Kevin Jon Heller… [read post]
20 Sep 2010, 6:26 pm
by Kevin Jon Heller Steve Vladeck has been having a fascinating debate with Ben Wittes and Bobby Chesney about the merits — or lack thereof — of Sen. [read post]
18 Sep 2010, 9:49 am
Accordingly, plaintiffs’ ATS claims must be dismissed for lack of subject matter jurisdiction Being very much interested myself on this subject, I reproduce here under a comment by professor Anderson in The Volokh Conspiracy blog and Opinio Iuris – where you will find also comments from Kevin Jon Heller and Julian Ku. [read post]
17 Sep 2010, 10:06 pm
by Kevin Jon Heller It’s always dangerous to opine on a judgment you have only skimmed, so I’ll phrase my thought as a question instead. [read post]
17 Sep 2010, 8:20 pm
(Kenneth Anderson) I’ve now had a chance to read a little more closely the decision, majority and concurrence, in Kiobel v. [read post]
17 Sep 2010, 7:49 pm
by Kenneth Anderson I’ve now had a chance to read a little more closely the decision, majority and concurrence, in Kiobel v. [read post]
15 Sep 2010, 9:55 pm
by Kevin Jon Heller Ben Wittes has a post at Lawfare today discussing ways in which the Obama administration might be able to avoid litigating the ACLU/CCR lawsuit challenging Al-Aulaqi’s targeting. [read post]
13 Sep 2010, 11:24 pm
by Kevin Jon Heller Reading a justifiably nasty review of Meghan McCain’s Dirty, Sexy Politics, I came across this unintentionally funny gem: The most obvious problem with Dirty, Sexy Politics is that grammatically, the book appears to be the work of a high school sophomore. [read post]
13 Sep 2010, 4:39 pm
by Kevin Jon Heller Gerald Steinberg, the head of right-wing propaganda outlet NGO Monitor, is not happy about George Soros’ recent $100 million gift to Human Rights Watch: In accepting a huge grant from George Soros, Human Rights Watch has spurned the public advice (and warning) offered nearly a year ago by its founder Robert Bernstein. [read post]
7 Sep 2010, 4:43 pm
by Kevin Jon Heller I have no desire to have the final word with Ken. [read post]
6 Sep 2010, 10:00 pm
by Kevin Jon Heller Thanks to the independence of two independents — Tony Windsor and Rob Oakeshott, who come from conservative electorates. [read post]
6 Sep 2010, 8:25 pm
by Kevin Jon Heller I have no idea why Ken posted his thoughts on the Washington Post editorial only at Volokh Conspiracy, but I wanted to respond to his post, because I think it is based on a critical misapprehension of the laws of war. [read post]
6 Sep 2010, 11:48 am
Not everyone does, to be sure; over at Opinio Juris, my co-blogger Kevin Jon Heller argues that, at least outside of a recognized war zone, an American is entitled to adversarial judicial process, and adds: We would never allow a state to execute an American citizen simply because the Governor has decided that he was guilty of capital murder (or, worse, that he intended to commit capital murder at some unspecified point in the future); such an execution would be… [read post]
6 Sep 2010, 7:52 am
by Kevin Jon Heller Ben Wittes calls attention today to a Washington Post editorial defending the targeted killing of American citizens like Al-Aulaqi: [W]hen a target is hiding in a lawless state or in one which refuses to cooperate in his apprehension, other alternatives must be considered, including targeted strikes. [read post]
