Judge Castel has granted a motion to dismiss a would-be class action directed against SWIFT (a consortium in the business of facilitating international banking transfers), the Treasury Department, CIA, and other defendants, arising out of reports that the U.S. government obtained data from SWIFT as part of its post-9/11 counterterrorism efforts. The core of the… Continue reading Amidax Trading v. S.W.I.F.T.; forthcoming scholarship
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Al-Adahi v. Obama; Gherebi v. Obama; forthcoming scholarship
1. Al-Adahi v. Obama (D.D.C. Feb. 12, 2009) (Kessler, J.) Judge Kessler has issued an opinion concluding that the government’s “search” obligation when it comes to identifying and disclosing potentially relevant information runs to information reviewed in connection with any GTMO habeas factual return (not just the return for a particular detainee), but that the… Continue reading Al-Adahi v. Obama; Gherebi v. Obama; forthcoming scholarship
forthcoming scholarship
Symmetry and Selectivity: What Happens in International Law When the World Changes Chicago Journal of International Law, (forthcoming) Paul B. Stephan (Univ. of Virginia – Law) This article has a simple hypothesis: Selectivity in international law increases as international relations become more symmetrical. Conversely, international law becomes more universal as asymmetry grows. This relation holds… Continue reading forthcoming scholarship