The Use of Force Against States that ‘Might’ Have Weapons of Mass Destruction Matthew C. Waxman (Columbia) Michigan Journal of International Law (forthcoming) The Iraq war rekindled debate – a debate now further inflamed in discussions of Iran and North Korea – about the legal use of force to disarm an adversary state believed to… Continue reading forthcoming scholarship
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Mohamed v. Jeppesen Dataplan (en banc granted); ODNI GC on congressional notification; United States v. Headley and Rana; Beard on Law and War in the Virtual Era
1. Mohamed v. Jeppesen Dataplan (9th Cir. Oct. 27, 2009) The Ninth Circuit has granted en banc review in this important case involving the state secrets privilege (thus delaying or potentially averting Supreme Court engagement with the issue). The short order granting review is here.
Habeas Petitions by Released Detainees; Conference Report on the Defense Authorization Act; forthcoming scholarship
1. In re: Petitioners Seeking Habeas Corpus Relief in Relation to Prior Detentions at Guantanamo Bay (D.D.C. Oct. 9, 2009) I had not been following this until now, but there is an effort underway to preserve habeas jurisdiction with respect to a large number of GTMO detainees who already have been transferred/released. I believe some… Continue reading Habeas Petitions by Released Detainees; Conference Report on the Defense Authorization Act; forthcoming scholarship