Not for the first time, and certainly not for the last, it appears that the Supreme Court disagrees with me–and doesn’t think the constitutionality of courts-martial for civilian contractors is worth its time. [H/T: SCOTUSblog.]

Send to … Read more »

Next Thursday, the Supreme Court will decide whether or not to grant certiorari in United States v. Ali–the case in which the highest court in the military justice system, the Court of Appeals for the Armed Forces (CAAF), unanimously … Read more »

As I discuss in my forthcoming book, International Law in the U.S. Legal System, regardless of whether customary international law has the status of self-executing federal law, it can play an important role in U.S. litigation.  The invocation of … Read more »

With a hat tip to Bobby, I wanted to flag that the Fourth Circuit on Friday upheld the conviction of Sean Brehm, a non-citizen convicted under the Military Extraterritorial Jurisdiction Act (MEJA) for an offense committed against another non-citizen on … Read more »

As I noted yesterday, the highest court in the U.S. military justice system—the Article I Court of Appeals for the Armed Forces (“CAAF”), a circuit-level court with mostly discretionary jurisdiction over each of the service branch courts of criminal … Read more »

It’s turned out to be a very big news day in national security litigation land… In addition to the extensive coverage of Aulaqi v. Panetta (to which I hope to add some thoughts of my own later tonight), I wanted … Read more »

Our friends over at Opinio Juris are hosting a neat online symposium discussion of Professor Laura Dickinson’s book Outsourcing War and Peace: Preserving Public Values in a World of Privatized Foreign Affairs. In addition to two posts (so far) … Read more »

Pardon the interruption from the wall-to-wall Nashiri coverage, but before it disappears too far into the past, I wanted to flag United States v. Ali–a case in which the Court of Appeals for the Armed Forces (“CAAF”) heard oral … Read more »