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Documents

Document: Judge in Abu Ghraib Case Denies U.S. Sovereign Immunity for Jus Cogens Norms

On Friday, Judge Leonie M. Brinkema of the U.S. District Court for the Eastern District of Virginia granted government motions to dismiss and for summary judgment in Al Shimari v. CACI, a case brought by plaintiffs who were detained in Abu Ghraib. The full opinion is available here and below.

 

In memoriam

A More Circumspect Take on Justice Scalia and National Security

In my view, at least, Justice Scalia's public statements on national security issues and his one majority(-ish) opinion in a "canonical" national security case (in Ashcroft v. al-Kidd) could lead folks reasonably to question just how faithful Justice Scalia was to his first principles where national security was involved. That doesn’t in any way diminish the late Justice’s track record (or Adam’s elegant reflection upon it); it just suggests that, as is so often the case, adding national security-specific considerations to the mix tends to complicate matters.

Interrogation

APA Releases Report Critical of Ethics Guidelines That Facilitated CIA Enhanced Interrogation

A little over a week ago, the law firm Sidley Austin LLP submitted its "Independent Review Relating to APA Ethics Guidelines, National Security Interrogations, and Torture" to the APA Board of Directors. Today, the report was released to the public along with a story in the New York Times summarizing its contents. The APA commissioned the report after a heated debate within the organization about whether ethics guidelines developed in 2005 were designed to facilitate toture by the

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