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Tag Archives: John Paul Stevens

The Two Fundamental Flaws in the New Bahlul Amicus Brief

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Friday, July 26, 2013 at 10:44 AM

Raff already flagged yesterday’s filing of an amicus brief in support of the government in the Al Bahlul military commission appeal before the en banc D.C. Circuit by “former government officials, former military lawyers, and scholars of national security law,” a group that includes Ben, Ken, and two of my casebook co-authors–among others. At the . . .
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The Merits of DOJ’s Supplemental Brief in Al Bahlul

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Thursday, January 10, 2013 at 9:06 AM

Yesterday, we posted the government’s supplemental brief in the Al Bahlul military commission appeal in the D.C. Circuit, the headline of which was the government’s concession that Judge Kavanaugh’s opinion for the Court of Appeals in Hamdan II requires reversal of Bahlul’s conviction, as well. Without question, though, the far more interesting part of the brief is the . . .
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The Draft, the Constitutional Militia, and the Most Important Supreme Court NSL Case You (Probably) Haven’t Heard Of…

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Tuesday, July 10, 2012 at 8:44 AM

According to various media reports, General Stanley McChrystal suggested late last month that the United States should bring back the draft if it goes to war again, arguing that the costs of the wars in Iraq and Afghanistan have not been adequately spread across different segments of the U.S. population… Without delving into the merits . . .
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