Detention: Law of: Foreign Court Development

On New Year's Eve the New York Times reported that the Karzai Administration has given preliminary approval for the release of 88 Afghan detainees who were once held in US custody in Afghanistan and who were transferred (along with hundreds of others) to the control of the Government of Afghanistan as part of the larger process of unwinding US detention operations in Afghanistan. The U.S.

I'm happy to report that I've recently completed drafting an article that has been much on my mind for the past few years.  Beyond the Battlefield, Beyond al Qaeda: The Destabilizing Legal Architecture of Counterterrorism (Michigan Law Review, forthcoming 2013) is now posted to SSRN.  In it, I argue that (i) there is a widespread perception that the legal framework for detention and targeting has reached a point of relative stability thanks to a remarkable wave of interbranch and inter-party consensus since 2008; (ii) this facade depends almost en