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The Second Circuit's Ghailani Decision and a Departure from the Right to a Speedy Trial
JURIST Guest Columnist Susan Herman of the Brooklyn Law School says that the Second Circuit's Ghailani decision is both novel and disturbing because the court relied on the departure from one principle—detention for the purposes of interrogatio (More)
Second Circuit's Decision Provides Unique Window Into Enemy Combatant Decisions
JURIST Guest Columnist Jeffrey Addicott of St. Mary's University School of Law says that the Second Circuit's opinion upholding the conviction of alien enemy combatant Ghailani offers a unique view into how a federal appeals court grapples with the l (More)
2014 Will Be A Groundbreaking Year For Marijuana Policy
JURIST Guest Columnist Alex Kreit of the Thomas Jefferson School of Law says that 2014 is going to be a truly groundbreaking year for marijuana policy in the US, when Colorado's and Washington's marijuana legalization takes effect ... (More)
US v. Woods and the Missing Jurisdictional Argument
JURIST Guest Columnist Andy Grewal of the University of Iowa College of Law says that the oral arguments in US v. Woods suggest that the Supreme Court is more interested in a jurisdictional issue, and discusses an argument, which neither party addres (More)
McCutcheon and the Future of Campaign Finance
JURIST Guest Columnist Richard Briffault of the Columbia Law School says that McCutcheon v. FEC could upend a central element of campaign finance doctrine but even if the court's judgment is less radical than that, the erosion of restrictions on the (More)
Use of Force Against Syria: Alternatives in the Event of UN Security Council Deadlock
JURIST Guest Columnist Patricio Galella of The Ohio State University Moritz College of Law argues that if diplomacy with Syria fails, and the UN Security Council is deadlocked, states would face a lasting dilemma: violate international law by using f (More)
Pakistan has Failed to Comply with Counterterrorism Obligations under International Law
JURIST Guest Columnist Dr. Robert P. Barnidge, Jr. of the Jindal Global Law School says that Pakistan has failed to comply with its counterterrorism obligations under international law and that this should be kept in mind when assessing the US' use (More)
Fifth Circuit Makes Sound Decision on Cell Site Location Information
JURIST Guest Columnist Patrick Corbett of the Thomas M. Cooley Law School says that the Fifth Circuit's decision concerning cell site location information is constitutionally sound and that, for the time being, lower courts will have to work through (More)
Edward Snowden, the Espionage Act and First Amendment Concerns
JURIST Guest Columnist Christina Wells of the University of Missouri - Columbia School of Law says that the broad provisions of the Espionage Act raise significant First Amendment concerns, mainly that government officials can control all debates by (More)
Is Edward Snowden Guilty of US Espionage Charges?
JURIST Guest Columnist Tung Yin of the Lewis & Clark Law School says that the key issue in assessing the espionage charge against Edward Snowden is whether his disclosure of the gathering of call data harmed the US or helped a foreign nation... (More)