Latest in Extraterritoriality

Foreign Sovereign Immunities Act

Foreign Relations and National Security Cases in the Supreme Court’s October Term 2015

How does the Supreme Court’s October Term 2015 look so far with respect to foreign relations and national security cases? The Court does not have any clear blockbusters like OT 2014’s Zivotofsky v. Kerry. Nevertheless, four potentially significant cases are already on the Court’s docket and cert petitions have been filed in a handful of others.

Foreign Sovereign Immunities Act

Supreme Court Oral Argument in OBB Personenverkehr v. Sachs, a Foreign Sovereign Immunities Act Case

The Supreme Court heard argument yesterday in OBB Personenverkehr v. Sachs. The case was brought by Carol Sachs, a California woman seriously injured while boarding a train in Austria. She sued the railway, OBB Personenverkehr, which is owned by the Republic of Austria.

Guantanamo: Legislation

The Meaningful Legal Differences Between Stateside and Guantánamo Detention

Gabor's post from this morning, which is styled as a response to Ben's thoughtful analysis of what it will take to close Guantánamo (while ignoring some of the other responses), concludes that the only meaningful way to "close" Guantánamo is for President Obama "to either release all detainees or try them in our time-tested federal courts," at least largely because moving the detainees into the United States wouldn

Civil Liberties and Constitutional Rights

Article III and the al Bahlul Remand: The New, New NIMJ Amicus Brief

On July 14, the en banc D.C. Circuit ruled in al Bahlul v. United States that "plain error" review applied to Bahlul's ex post facto challenge to his military commission convictions for conspiracy, material support, and solicitation--and then upheld the first of those charges under such deferential review (while throwing out the latter two).


Pre-Abu Khattala: Yunis, That 1987 Shipboard Terrorist Interrogation Case

Ahmed Abu Khattala is not the first person to be whisked onto a ship in the Middle East by U.S. forces, interrogated aboard, and then dropped in a U.S. court. There are some recent famous cases, of course, but there are also some older ones---one of which, in particular, may have precedential value for the coming litigation over Abu Khattala's capture and interrogation.

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