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11 Feb 2013, 4:59 am by Jack Goldsmith
 The statement by the ICRC was part of a report—Interpretive Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law—which the organization issued after a several-year-long study involving military experts around the world. [read post]
10 Feb 2013, 6:59 pm by Wells Bennett
 The latter contains a battery of long-pending, fundamental rights-implicating, potentially case-tossing submissions. [read post]
10 Feb 2013, 2:12 pm by Steve Vladeck
The Supreme Court has long emphasized, as it explained in Flast v. [read post]
8 Feb 2013, 8:17 am by Martin C. Bryce, Jr.
Residential Funding LLC, et. al,  the Fourth Circuit adopted the CFPB’s position which it advocated in an amicus brief filed in another Fourth Circuit case involving the same rescission issue. [read post]
8 Feb 2013, 8:12 am by Raffaela Wakeman
” This is in response to Graham’s announcement that he’ll be offering a resolution in support of the President’s use of drones and the strike that killed Anwar Al-Aulaqi. [read post]
7 Feb 2013, 4:53 pm by Trevor Morrison
  Nor am I necessarily saying that the targeting of al-Awlaki violated his due process rights. [read post]
7 Feb 2013, 3:03 am by Jack Goldsmith
”  In response to the Question (also in 37) whether the United States is at war with a terrorist organization other than al-Qa’ida and associated forces, he answered: “No, but we face threats from terrorist organizations other than al-Qa’ida and associated forces. [read post]
6 Feb 2013, 3:40 pm by Tamara Piety
  Sometimes good work takes a long time to make its impact felt. [read post]
6 Feb 2013, 9:38 am by Kevin
Stephen Colbert saw through this a long time ago, saying that in the government's view, "due process just means that there is a process ... that you do." [read post]
6 Feb 2013, 8:54 am by Rahul Bhagnari, ACLU
Please note that by playing this clip You Tube and Google will place a long-term cookie on your computer. [read post]
6 Feb 2013, 8:18 am by Brad Wendel
I have been absent for a long time from this blog, but the release of a DOJ White Paper on targeted assassination, including the killing of U.S. citizens, noted yesterday by John, brought me out of hiatus. [read post]
6 Feb 2013, 4:57 am by Thaddeus Mason Pope, J.D., Ph.D.
 They looked at where seniors died, what medical services were provided during their last 90 days of life, and how long they received them. [read post]
5 Feb 2013, 3:44 pm by Steve Vladeck
” Were a court to intervene here, it might be required inappropriately to issue an ex ante command to the President and officials responsible for operations with respect to their specific tactical judgment to mount a potential lethal operation against a senior operational leader of al-Qa’ida or its associated forces. [read post]
5 Feb 2013, 12:02 pm by Wells Bennett
  That’s where the medical records come in: if there’s a long history of such records, the evaluator is going to need them, right? [read post]
5 Feb 2013, 11:08 am by Lisa Larrimore Ouellette
Cohen et al. eds., 2003).This paper presents important empirical results on the extent to which patents impede follow-on research. [read post]
5 Feb 2013, 8:28 am by Gerard N. Magliocca
I read the DOJ's White Paper on the legal rationale for killing American citizens who are alleged senior Al-Queda operatives overseas with great interest. [read post]
5 Feb 2013, 7:30 am by EEM
Europe's Role as a Global Actor in Promoting Solutions to Long Lasting Refugee Crises, Brussels, 20 March 2013 [info] - Scroll down to 3 Feb. for the announcement. [read post]
5 Feb 2013, 6:52 am by Matthew C. Bouchard, Esq.
Richmond Hills Residential Partners, LLC et al., discusses the majority and dissenting opinions, and comments on the important points to take away from the decision. [read post]
4 Feb 2013, 1:44 pm by Benjamin Wittes
  Reyes and Judge Pohl then have a long and quite-circular discussion, one not really about AE99D at all but instead about our second motion for the afternoon, AE140—the government’s motion for a competency board to evaluate al-Nashiri. [read post]
4 Feb 2013, 10:08 am by David Jensen
The chief scientist for The ALS Association, said Winokur will be “a tremendous asset in moving the ALS research field forward through CIRM funding." [read post]