Andy Wang

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Andy is an associate at Arnold & Porter Kaye Scholer and a cum laude graduate of Harvard Law School, where he was President of the Harvard National Security and Law Association and a Senior Articles Editor of the Harvard National Security Journal. Prior to law school, he interned for the Hudson Institute's Center for Political-Military Analysis, the United States Attorney's Office for the Middle District of Florida, and the Baker Institute for Public Policy. Andy received his B.A. in political science and history magna cum laude from Rice University.

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Alien Tort Statute

Jesner v. Arab Bank: The Supreme Court Should Not Miss the Opportunity to Clarify the “Touch and Concern” Test

Jesner v. Arab Bank, a case concerning the Alien Tort Statute in which the Supreme Court will hear oral argument on Wednesday, will give the court a chance to clarify the cryptic "touch and concern" standard.

Alien Tort Statute

The Alien Tort Statute and the Morrison “Focus” Test: Still Disagreement After RJR Nabisco

Last month, the Fifth Circuit issued a split opinion in Adhikari v. Kellogg Brown & Root, Inc., representing the first ATS case to be decided post-RJR Nabisco.  The opinion, issued over a vigorous dissent, suggests that it may be premature to say that RJR Nabisco resolves the circuit split over the interpretation of “touch and concern.”

Terrorism Trials: Military Commissions

Event with GTMO Chief Prosecutor Next Tuesday at Harvard Law

Perhaps of interest to Lawfare readers in the Boston area: Next Tuesday, the Harvard National Security & Law Association (NSLA) will host Brigadier General Mark Martins, the chief prosecutor for military commissions and lead trial counsel in the prosecution of Khalid Sheikh Mohammed and four other accused perpetrators of the attacks of September 11, 2001, for a dinner event.

Terrorism Trials: Civilian Court

The First Circuit's Mandamus Ruling in U.S. v. Tsarnaev

A couple of weeks ago I recapped the Tsarnaev mandamus oral argument. And on Friday, the First Circuit panel that heard the arguments---composed of Chief Judge Sandra Lynch, and Judges Juan Torruella and Jeffrey Howard---released a lengthy, 2-1 split opinion denying Tsarnaev’s second bid for a writ of mandamus seeking an order requiring the prosecution to be transferred to another district.

Terrorism Trials & Investigations

Oral Argument Recap: Tsarnaev Mandamus Litigation

For roughly 60 minutes yesterday morning, a three-judge panel of the First Circuit heard arguments as to whether Dzhokhar Tsarnaev’s death penalty trial should be moved out of Boston due to concerns that he would not be able to receive a fair and impartial trial. (Yishai recently covered the legal backdrop here; briefing can be found here and here, and here.)