Latest in Extraterritoriality

Alien Tort Statute

Corporate Liability and the ATS: Arab Bank Appeal Continues to Define Kiobel Legacy

At a time of heightened concern over a new wave of terrorism financing threats, the decade-long Arab Bank terrorism financing litigation took another turn this week when the Second Circuit denied several thousand terrorism victims the right to pursue claims against the Jordan-based Arab Bank PLC in U.S. federal court.

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 wou

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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