Research Document
An Abbreviated Legislative History and Timeline Regarding the Development of Section 949(b) of the Military Commissions Act of 2006 (2008)
This document presents an abbreviated legislative history regarding the development of Section 949(b) of the...
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Kill-Lists and Accountability, Georgetown Law Journal (2013)
This article is a comprehensive examination of the U.S. practice of targeted killings. It is...
Are Targeted Killings Unlawful? A Case Study in Empirical Claims Without Empirical Evidence, Targeted Killings: Law and Morality in an Asymmetrical World (2012)
Critics of the U.S. policy of targeted killing by unmanned aerial vehicles (UAVs or drones)...
New Approaches to Reducing and Mitigating Harm to Civilians, Shaping a Global Legal Framework for Counterinsurgency: New Directions in Asymmetric Warfare (2012)
The wars in Iraq and Afghanistan highlighted the strategic importance of the U.S. commitment to...
The Federal Protective Power and Targeted Killing of U.S. Citizens, CATO Unbound (2011)
In this responsive essay I argue that the Constitution envisions circumstances when the president may...
The Status Quo Bias and Counterterrorism Detention, Northwestern University Journal of Criminal Law & Criminology (2011)
Counterterrorism detention policy in the United States is a mess. Commentators on both sides of...
The U.S. Practice of Collateral Damage Estimation and Mitigation, Pepperdine Working Paper (2011)
This paper explains how the U.S. military estimates and mitigates the impact of conventional weapons...
A Cup of Coffee After the Waterboard: Seemingly Voluntary Post-Abuse Statements, DePaul Law Review (2010)
This symposium article focuses on the impact that abusive and coercive interrogation techniques will have...
Institutional Legitimacy and Counterterrorism Trials, Richmond Law Review (2009)
Much of the current debate in national security law scholarship focuses on institutional design issues...
Organizational Culture, Professional Ethics, and Guantanamo, Case Western Reserve University Journal of International Law (2009)
In this symposium essay I draw attention to the intersection between the social scientific literature...
Beyond Guantanamo, Obstacles and Options, Northwestern University Law Review Colloquy (2008)
The essay focuses on the structure of the military commission system, to date left largely...
The Legal Impact of Homeland Security On Businesses, Business Continuity and Homeland Security: Theory & Practice (2008)
Cyber Embargo: Countering the Internet Jihad, Case Western Reserve University Journal of International Law (2008)
Terrorists are engaged in an online jihad, characterized by the use of the internet to...
Commentary Regarding the Judgements in República Democrática de Timor-Leste, Dili District Court, the Special Panels for Serious Crimes and the Tribunal de Recurso - July 2003-2006, Annotated Leading Cases of International Criminal Tribunals (2008)
This is a case analysis for publication in the multi-volume series Annotated Leading Cases of...
ICC Inability Determinations in Light of the Dujail Case, Case Western Reserve University Journal of International Law (2007)
Under the principle of complementarity, the International Criminal Court (ICC) will only exercise jurisdiction when...
Snatch and Grab Ops: Justifying Extraterritorial Abduction (with Brian Field), University of Iowa: Journal of Transnational Law and Contemporary Problems (2007)
The United States government is actively engaged in a search for individuals believed to have...
Saddam On Trial: Understanding and Debating the Iraqi High Tribunal (with Michael P. Scharf) (2006)
Saddam Hussein. Derided as the Butcher of Baghdad, the Iraqi leader was toppled from power...
Show Trial or Real Trial? A Digest of the Evidence Submitted During the Prosecution's Case-in-Chief at the Dujail Trial of the Iraqi High Tribunal, Saddam On Trial: Understanding and Debating the Iraqi High Tribunal (2006)
During the trial of Saddam Hussein evidence was largely ignored by media coverage. The media's...
Unfortunate Legacies: Hearsay, Ex Parte Affidavits and Anonymous Witnesses at the IHT, International Commentary on Evidence (2006)
This brief essay was part of a symposium entitled Fairness and Evidence in War Crimes...