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19 Mar 2012, 3:27 pm by Lawrence Solum
Writ large, the pressing issue is whether the executive branch possesses unreviewable authority to order the targeted killing of an American that the President deems to be a threat to the nation. [read post]
6 Mar 2009, 9:13 am
The Court’s action ended the Qatari national’s case –  Al-Marri v. [read post]
2 Feb 2015, 7:00 am by William Helbling
Al Jazeera journalist and Austrian national Peter Greste was imprisoned in Egypt after receiving a seven-year sentence for crimes that include supporting terrorist organizations. [read post]
25 May 2021, 5:01 am by Adam Chan
Rao’s Panel Opinion First, Rao affirmed the district court ruling that the AUMF and the National Defense Authorization Act of 2012 authorized detention for persons “who substantially supported” al-Qaeda affiliated terrorists and that the record demonstrated this support. [read post]
6 Sep 2016, 6:09 pm by Andrea Tucker
The National Milk Producers Federation class action lawsuit has reached a settlement agreement. [read post]
31 Jul 2012, 8:25 am by Ritika Singh
Nationalism, in particular, is a two-edged sword for al-Qa’ida. [read post]
11 Feb 2023, 2:00 am by Katharine Van Tassel
Caterina Sganga (Scuola Superiore Sant'Anna di Pisa), Magali Contardi (Scuola Superiore Sant'Anna di Pisa), Pelin Turan (Independent), Camilla Signoretta (Independent), et. al., Copyright Flexibilities: Mapping and Comparative Assessment of Eu and National Sources (2023): This report illustrates and analyses the... [read post]
10 Oct 2011, 12:58 pm by Benjamin Wittes
 According to the reports, the Obama administration believes that force could only be used against al-Awlaki because arrest was impractical and al-Awlaki posed an imminent threat of harm to the United States. [read post]
14 Jun 2011, 1:06 pm by Raffaela Wakeman
The appellant’s brief in the case al-Zahrani et al. v. [read post]
11 Jun 2007, 6:52 am
The principal merits holding in the court of appeals' opinion today in al-Marri is that Congress has not authorized the indefinite military detention of a person who is (i) protected by the Due Process Clause (including, at a minimum, U.S. citizens and residents); and who is (ii) not under the direction of an enemy nation -- and that if Congress had authorized such a detention, it would raise profound Due Process questions under Milligan. [read post]
23 Jul 2012, 10:07 am by nflatow
To the extent that the specter of judicial review deters governmental misconduct down the road, Bivens suits can and should have a salutary effect on the conduct of U.S. national security policy — so long as they’re properly understood in the first place. read more [read post]
16 Mar 2012, 12:06 pm by Steve Vladeck
I just wanted to add to the conversation this brief of the National Institute for Military Justice as amicus curiae, filed this afternoon, which I co-authored along with Agnieszka Fryszman from Cohen Milstein. [read post]
5 Apr 2017, 7:52 am by Steve Vladeck
See, e.g., Miami Hearld [sic], “Freed Guantánamo Convict Returns to the Fight,” Dec. 10, 2015, http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/artic le49022855.html. [read post]
4 Mar 2013, 7:19 am by Wells Bennett
The United States has filed its appellate brief in the case of Al-Janko v. [read post]
18 Aug 2014, 4:04 pm by Jane Chong
This morning Steve summarized the amicus brief he co-authored on behalf of the National Institute of Military Justice in support of the petitioner in al Bahlul v. [read post]
27 Feb 2011, 6:20 pm by Orin Kerr
In my post, I argued that it was strange that DOJ is not making arguments based on national security interests to justify Al-Kidd’s detention. [read post]
21 Feb 2011, 8:52 pm by Orin Kerr
Al-Kidd, a case on material witness and national security detention. [read post]