Balkinization  

Sunday, July 08, 2007

The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, Executive Authority, DOJ and OLC

Marty Lederman

For ease of reference, we've grouped together [and updated] our posts on the complex of issues raised by torture, interrogation, detention, war powers, Executive authority, the Department of Justice, and the Office of Legal Counsel. We've also included a few related op-eds that Jack wrote before this blog began in January 2003. We've posted a link to this compendium on the Balkinization front page, and we update the list as new posts are written. We also have a version arranged by topic, but as of now it's only updated through December 22, 2006.


JACK BALKIN

1. Using Our Fears to Justify A Power Grab (Los Angeles Times, November 29th, 2001)

2. Who's Next? (Hartford Courant, June 20th, 2002)

3. In Giving Up Our Rights, We'd Lose the War (New Orleans Times-Picayune, September 11th, 2002)

4. The Truth About Our Institutions (The Responsive Community, October 2002)

5. A Dreadful Act II (Los Angeles Times, February 13th, 2003)

6. The Padilla Case (Mar. 11, 2003)

7. Reaping What You Sow (May 6, 2004)

8. Red Cross: Abuse of Prisoners Widespread in Iraq (May 8, 2004)

9. The World According to Inhofe (May 11, 2004)

10. Manipulating the Definition of "Torture" (May 11, 2004)

11. Anything Goes (May 12, 2004)

12. My God Can Torture Your Idol (May 12, 2004)

13. Misleading the Supremes (May 14, 2004)

14. No Blank Check For Bush (Hartford Courant, May 16th, 2004)

15. Justice Department: Constitution? We Don't Need Your Stinking Constitution (June 3, 2004)

16. Above the Law? (June 9, 2004)

17. Arguments That Make You Ashamed to be a Lawyer (June 9, 2004)

18. Yoo: If you don't like our torture, vote us out of office (June 11, 2004)

19. Moral Clarity (June 13, 2004)

20. A Few Bad Apples at the Top of the Barrel (June 13, 2004)

21. Some Lawyers, Making a Difference (June 14, 2004)

22. It's Official: Bush Administration Received Legal Advice Permitting Torture (June 14, 2004)

23. Karpinski: I Was Ordered to Treat Prisoners Like Dogs (June 15, 2004)

24. Senate Violates Constitution, Tells President He May Not Torture (June 17, 2004)

25. Radioactive Judicial Candidates (June 17, 2004)

26. A Quick Recap on Torture (June 21, 2004)

27. Moral Clarity, Part 2 (June 21, 2004)

28. Misleaders Who Mislead (June 21, 2004)

29. The Election and the Constitution (June 22, 2004)

30. White House Backs Away from Torture Memo (June 23, 2004)

31. Imperial Presidency Alive and Well (June 23, 2004)

32. Legal Scholars Assess the Torture Memos (June 26, 2004)

33. The Work of Isolated Individuals (June 27, 2004)

34. Torture Memos as CYA (June 27, 2004)

35. Hamdi can be held as illegal combatant but must have access to courts (June 28, 2004)

36. Flooding the Zone (June 28, 2004)

37. Supreme Court Gives Access to Courts to Guantanamo Detainees (June 28, 2004)

38. More on the detention cases (June 28, 2004)

39. The Next Battle: Transparency (July 1, 2004)

40. Allegations of Child Abuse at Abu Ghraib Prison (July 7, 2004)

41. Not Your Founding Fathers' Checks and Balances (July 13, 2004)

42. Vermeule and Posner Defend the Torture Memo (July 13, 2004)

43. Child rape alleged at Abu Ghraib (July 15, 2004)

44. Youngstown and the President's Power to Torture (July 16, 2004)

45. Ghost Detainees (Sept. 10, 2004)

46. How To Get Tough With Civil Liberties. Oops, I Meant Terrorists (Sept. 22, 2004)

47. An Admission of Failure (Sept. 23, 2004)

48. The Gonzales Nomination (Nov. 10, 2004)

49. Attorney General Denounces Rule of Law As Aid To Terrorism (Nov. 13, 2004)

50. From Abu Ghraib to Gitmo (Nov. 30, 2004)

51. The Coverup Continues To Unravel (Dec. 21, 2004)

52. It's beginning to look a lot like an impeachable offense (Dec. 22, 2004)

53. Why is this man nominated to be the nation's chief law enforcement officer? (Dec. 22, 2004)

54. Are War Crimes Grounds for Impeachment? (Dec. 22, 2004)

55. To Our Great Shame (Jan. 6, 2005)

56. JAG complaints of prisoner abuse at Guantanamo Bay ignored (Feb. 13, 2005)

57. District Court Orders Padilla Released (Feb. 28, 2005)

58. The Scandal of Abu Ghraib, One Year Later (Apr. 27, 2005)

59. Watch What We Do (Apr. 29, 2005)

60. Apparently Newsweek Should Have Just Cited The Washington Post (May 25, 2005)

61. What is Torture?: An Interactive Primer on American Interrogation (May 27, 2005)

62. Closing down Gitmo (June 9, 2005)

63. Our President: Stupid or Evil? (June 21, 2005)

64. President Bush Lashes Out at His Administration's Conduct at Gitmo and Secret CIA Detention Centers (July 1, 2005)

65. The Constitutionality of Military Tribunals (July 16, 2005)

66. Guantanamo Trials "Rigged"? (Aug. 1, 2005)

67. Roberts and the Ghost of Iran-Contra (Aug. 25, 2005)

68. We Need "Maximum Flexibility" to Waterboard (Oct. 25, 2005)

69. The Constitutional Trifecta: A Problem of Executive Oversight (Nov. 2, 2005)

70. Padilla Indicted (Nov. 22, 2005)

71. Will The Threads Start To Unravel? (Nov. 24, 2005)

72. Luban and the Real Debate About Torture (Nov. 27, 2005)

73. Rice: "U.S. Personnel" Don't Enage in Cruel, Inhuman and Degrading Treatment "Wherever They Are" (Dec. 7, 2005)

74. One Reason Why Torture Might Not Work (Dec. 9, 2005)

75. Domestic Spying (Dec. 16, 2005)

76. Why Evidence Obtained From Torture Should Never Be Admissible (Dec. 16, 2005)

77. The Constitution: A Safe Haven for Terrorists (Dec. 19, 2005)

78. Governing Through Terrorism (Dec. 20, 2005)

79. Data Storage and the Fourth Amendment (Dec. 23, 2005)

80. Prosecutorial Discretion (Dec. 30, 2005)

81. Our Legal and Political Culture (Dec. 31, 2005)

82. The Constitution According to George Bush (Dec. 31, 2005)

83. Who's Afraid of Presidential Signing Statements? (Jan. 17, 2006)

84. The NSA Program and the Rule of Law (Feb. 1, 2006)

85. Why the Administration is Stonewalling on Its Justifications for the NSA Program (Feb. 2, 2006)

86. Shorter Attorney General Gonzales (Feb. 7, 2006)

87. Congressional Oversight, Party Loyalty, and Separation of Powers (Feb. 10, 2006)

88. DOJ Memo Defends Cheney Shooting (Feb. 14, 2006)

89. Don't be Distracted by the Gay Porn (Feb. 24, 2006)

90. Strange Days (Mar. 16, 2006)

91. Bush Administration Claims Authority For Warrantless Physical Searches (Mar. 19, 2006)

92. The New Constitutional Order and the National Surveillance State (Mar. 23, 2006)

93. The Hamdan Oral Argument (Mar. 28, 2006)

94. Reductio Ad Dictatorem (Apr. 7, 2006)

95. Will Bush Pardon Rumsfeld? (Apr. 14, 2006)

96. President Bush: "It's Not Law Unless I Say So (And Even If I Said So)" (May 1, 2006)

97. Tales from the Unitary Executive -- The NSA and Domestic Surveillance (May 11, 2006)

98. Bush is just another word for nothing left to lose (May 12, 2006)

99. Tice: Even More Illegal NSA Spying (May 13, 2006)

100. A Lot of Reporters Must Be Calling Al Qaeda (May 15, 2006)

101. FBI: We're Using National Security Letters to "Backtrack" Reporters' Calls (May 16, 2006)

102. The Twin Dangers of the National Surveillance State (May 17, 2006)

103. A Corrupt Congress is Shocked to Discover a Lawless Executive (May 25, 2006)

104. Why Did Bush Seal the Documents from the Jefferson Raid? (May 27, 2006)

105. Data Retention in the National Surveillance State (June 2, 2006)

106. Why the Flag Burning Amendment is Unnecessary (June 8, 2006)

107. The National Surveillance State Goes Local (June 12, 2006)

108. I Could Tell You Why What I'm Doing Is Legal But Then I'd Have To Shoot You (June 12, 2006)

109. The Public/Private "Handshake" and the National Surveillance State (june 15, 2006)

110. How Torture Works (June 20, 2006)

111. A Compendium of Presidential Signing Statements (June 22, 2006)

112. Detention for Dangerous Speech? (June 25, 2006)

113. The Administration That Cried Wolf (June 26, 2006)

114. Hamdan Decided-- Geneva Conventions Not So "Quaint" After All (June 29, 2006)

115. Hamdan as a Democracy-Forcing Decision (June 29, 2006)

116. Hamdan and the NSA Dispute (June 30, 2006)

117. Out with the "New Paradigm," in with the Old? (July 11, 2006)

118. Bush Administration to Justice Stevens: Drop Dead (July 12, 2006)

119. CCR Report: Prisoner Mistreatment at Guantanamo (July 13, 2006)

120. Specter Gives Up the Game -- The Sham NSA Bill (July 14, 2006)

121. Breaking and Entering Under the Specter Bill (July 14, 2006)

122. Orin Kerr on the FISA Bill (July 14, 2006)

123. Tales from the Unitary Executive, Part II (July 18, 2006)

124. What the Bush Veto Means (July 19, 2006)

125. Total Information Awareness-- it's back (and never actually left) (July 24, 2006)

126. Secret Earmarks (July 24, 2006)

127. Bush Administration to Congress: We're Not Budging on Military Tribunals (July 26, 2006)

128. And While You're at it, We'd Like Impunity from War Crimes Too, Please (July 28, 2006)

129. Partisan Entrenchment in the Civil Rights Division (Aug. 2, 2006)

130. Stopping Terror Legally (Aug. 11, 2006)

131. Stopping Terror Legally, Part II (Aug. 16, 2006)

132. Federal Court Strikes Down NSA Domestic Surveillance Program (Aug. 17, 2006)

133. The Secret Advantages of Judge Taylor's Opinion in ACLU v. NSA (Aug. 18, 2006)

134. Online Legal Scholarship: The Medium and the Message [in Yale Law Journal Pocket Part] (Sept. 6, 2006)

135. An Alternative Set of Procedures (Sept. 7, 2006)

136. Draft of Warner-Graham Bill on Military Commissions (Sept. 8, 2006)

137. Third Draft of Warner-Graham Bill on Military Commissions (Sept. 11, 2006)

138. September 11 and American Politics, Five Years Later (Sept. 12, 2006)

139. The Great Debate Over the Rule of Law -- and Civic Courage (Sept. 14, 2006)

140. "Final" Version of the Warner-McCain-Graham Bill on Military Commissions (Sept. 15, 2006)

141. The Top Ten Reasons President Bush Wants to Limit the War Crimes Act and the Geneva Conventions(Sept. 16, 2006)

142. How the Presidency Regained Its Balance, Indeed (Sept. 19, 2006)

143. Specter Sees the Light on the Great Habeas Swindle (Sept. 19, 2006)

144. Text of Current Bush-Senate Compromise Bill (Sept. 22, 2006)

145. Spineless Democrats Deserve to Lose (Sept. 27. 2006)

146. And What Did the Democrats Get for Selling Out? (Sept, 28, 2006)

147. What Hamdan Hath Wrought (Sept. 29, 2006)

148. Does the Military Commissions Act Apply to Citizens? (Sept. 29, 2006)

149. Has Congress Unconstitutionally Suspended the Writ of Habeas Corpus? (Oct. 3, 2006)

150. Guantanamo Bay Teach-In at Seton Hall (Oct. 4, 2006)

151. This Administration Can't Be Broken, Even with Waterboarding (Oct. 5, 2006)

152. Parallel Tracks in the National Surveillance State (Oct. 23, 2006)

153. A Dunk in the Water for Clarity (Oct. 28, 2006)

154. U.S. citizen alleges he was tortured in U.S. custody inside the U.S. (Nov. 1, 2006)

155. We could tell you how we torture people, but then we'd have to kill you (Nov. 4, 2006)

156. U.S. to Immigrants: You Have no Rights Which We Are Bound to Respect (Nov. 14, 2006)

157. Karpinski: Rumsfeld Approved Coercive Interrogation Methods (Nov. 25, 2006)

158. A Bit of Wishful Thinking on Civil Liberties (Nov. 27, 2006)

159. Presidential Caesarism: The Executive Versus the Bureaucracy (Dec. 8, 2006)

160. Bye Bye, First Amendment, Hello Prior Restraints (Dec. 14, 2006)

161. U.S. Government: You Can't Believe Padilla When He Says We Tortured Him Because He's Crazy from All the Things We Did to Him (Dec. 14, 2006)

162. Government Backs Away from Unconstitutional Use of Subpoena Power (Dec. 19, 2006)

163. The Anti-Torture Memos (Arranged by Topic) (Dec. 22, 2006)

164. Tales from the National Surveillance State: Domestic Surveillance by the Pentagon and the CIA (Jan. 15, 2007)

165. The Bully Presidency (Jan. 18, 2007)

166. Attorney General Gonzales: There is No Right to Habeas Corpus in the United States (Jan. 19, 2007)

167. Habeas Corpus and the Tyranny Gap (Jan. 23, 2007)

168. Bickelian or Bully? (Jan. 24, 2007)

169. Maher Arar, What Are You Going to Do with All That Money? Well, I'm Not Going to Disney World (Jan. 26, 2007)

170. Tightening Control Over the Federal Bureaucracy (Jan. 30, 2007)

171. Two Concepts of Commander-in-Chief (Feb. 5, 2007)

172. Just Keeping Our Options Open: U.S. Declines to Sign Treaty Banning Secret Detentions (Feb. 7, 2007)

173. Proof Positive that Jose Padilla Has Gone Insane (Feb. 23, 2007)

174. My Solution to the Iraq War-- Partial Privatization of National Security! (Feb. 23, 2007)

175. Friday Bush Administration Bad News: FBI Abused Power to Obtain Business and Personal Records Without Prior Judicial Approval (Mar. 9, 2007)

176. Why Gonzales Got In Trouble (Mar. 13, 2007)

177. Heads I Win, Tails You Lose: Secret Trials and Secret Evidence (Mar. 15, 2007)

178. Can Bush Assert Executive Privilege in the U.S. Attorney Controversy? (Mar. 21, 2007)

179. More on Executive Privilege-- Bargaining in the Shadow of the Law (Mar. 21, 2007)

180. Appoint A Special Prosecutor. Now. (Mar. 27, 2007)

181. Standing and Executive Power in Massachusetts v. EPA (Apr. 3, 2007)

182. What Professor Murphy's Story Tells Us About the No-Fly List (Apr. 9, 2007)

183. And the Colossal Chutzpah Award Goes to Karl Rove (Apr. 12, 2007)

184. Bush Justice Department Tries to Squelch Legal Representation at Guantanamo (Apr. 26, 2007)

185. Meanwhile, Back at the National Surveillance State . . . (May 2, 2007)

186. The Other Side of Critical Legal Theory (May 3, 2007)

187. Nixon's Ghost (May 15, 2007)

188. The Military versus the Politicians on Torture (May 17, 2007)

189. Did Rove Aide "Cage" Black Voters in 2004? Did McNulty or Goodling Know About It? (May 24, 2007)

190. Want to Understand the DOJ Scandals? Just Follow the Voter Suppression Schemes (June 1, 2007)

191. Why the Dismissal of the Khadr Trial is Important (June 4, 2007)

192. Winner's Constitutions (June 7, 2007)

193. Dick Cheney and the Not-So-Unitary Executive (June 22, 2007)


MARK GRABER

1. The Pride of our Nation (Sept. 22, 2004)

2. So What? (Dec. 27, 2004)

3. Hamdan As What We Make It (June 29, 2006)

4. Hamdan's Politics (July 1, 2006)

5. The Politics of Signing Statements (July 25, 2006)

6. More Advice from Classical Greece (Sept. 25, 2006)

7. The Party of Torture (Sept. 28, 2006)

8. Sunday Morning Thoughts on Moderation (Oct. 1, 2006)

9. The Lincoln Trope (Oct. 6, 2006)

10. A Modest Proposal (Oct. 11, 2006)

11. Top Ten Replacements for Gonzales (Mar. 15, 2007)

12. Another Enemy of the People? (Apr. 8, 2007)

13. Still More on Murphy (Apr. 11, 2007)


STEPHEN GRIFFIN

1. Why FISA is Important (Dec. 22, 2005)

2. The Constitution Outside the Courts: Apotheosis or Gotterdammerung? (Aug. 2, 2006)

3. The ABA Report and Constitutional Change (Aug. 8, 2006)

4. . . . And From the Roman Republic (Spet. 25, 2006)

5. If Democrats Had Spine (or were Thinking like Republicans) (Sept. 30, 2006)

6. Torture and the Ticking Time Bomb (Oct. 10, 2006)

7. The Bush Presidency and the Constitution (Jan. 3, 2007)

8. On Zelikow (June 3, 2007)


SCOTT HORTON

1. Shirking Responsibility (Sept. 25, 2005)

2. The Judge as POW (Sept. 28, 2005)

3. What the England Courtmartial Doesn't Tell Us (Oct. 1, 2005)

4. Sexual Perversion in Rumsfeld's Pentagon (Oct. 9, 2005)

5. The Return of Carl Schmitt (Nov. 7, 2005)

6. Rumsfeld's 'Humane' Doesn't Cut It (Nov. 10, 2005)

7. Nuremberg at Sixty: Is Jackson's Poisoned Chalice Now at Bush's Lips? (Nov. 20, 2005)

8. The Curious Word 'Honor' (Dec. 13, 2005)

9. Torture By the Back Door (Dec. 15, 2005)

10. The Letter [on Leo Strauss] (July 16, 2006)

11. When Lawyers Are War Criminals (Oct. 8, 2006)

12. An American Sentenced to Death in Iraq (Oct. 14, 2006)

13. Carl Schmitt, the Dolchstoßlegende and the Law of Armed Conflict (Oct. 21, 2006)

14. To the Memory of Alyssa Peterson (Nov. 4, 2006)

15. Two Texts: An Election Eve Meditation (Nov. 5, 2006)

16. In the Penal Colony (prepared remarks for the Nov. 17, 2006, meeting of the Club de Madrid, Berlin, Germany) (Nov. 17, 2006)

17. A Question for December 7 (remarks delivered at the Wolfson Center, New School University, New York City, Dec. 7, 2006) (Dec. 8, 2006)

18. Lincoln: A President for War and Peace (Feb. 12, 2007)

19. Not a Lincoln But a Fraud (Feb. 18, 2007)

20. A Tale of Two Georges (Feb. 19, 2007)

21. Charting the Forest: A Continuation of the Times' Must-Do List (Mar. 8, 2007)

22. The Struggle to See What Is Right In Front of Your Nose (Mar. 14, 2007)

23. The Mercenary and the Citizen-Soldier (Mar. 16, 2007)

24. Accountability and the Renegade Executive (remarks delivered at the University of Mississippi School of Law, Oxford, MS, Mar. 28, 2007) (Mar. 29, 2007)

25. Torture, Secrecy and the Bush Administration (remarks delivered at New York University School of Law's Conference on Government and Secrecy, Apr. 12, 2006) (Apr. 12, 2007)

26. The Dangers of Being Hated (prepared remarks for the Fourth Annual Conference on Counter-Terrorism at Villa La Pietra, Florence, Italy, May 26, 2007) (May 26, 2007)

27. Accountability for Private Military Contractors [Testimony before the House Judiciary Committee on June 19, 2007] (June 19, 2007)


MARTY LEDERMAN

1. Principles to Guide the Office of Legal Counsel (with 18 other former OLC attorneys) (Dec. 21, 2004)

2. Understanding the OLC Torture Memos (Part I) (Jan. 8, 2005)

3. Understanding the OLC Torture Memos (Part II) (Jan. 8, 2005)

4. Understanding the OLC Torture Memos (Part III) (Jan. 8, 2005)

5. Understanding the OLC Torture Memos (Coda) (Jan. 8, 2005)

6. Heather MacDonald's Dubious Counter-"Narrative" on Torture (Jan. 11, 2005)

7. A Must-Read Review by Andrew Sullivan on Torture (Jan. 12, 2005)

8. Administration Confirms Its View that CIA May Engage in "Cruel, Inhuman and Degrading" Treatment (Jan. 12, 2005)

9. The White House Dissembles on Torture and the CIA's Authority to Engage in Cruel, Inhuman and Degrading Treatment (Jan. 14, 2005)

10. Judge Gonzales' Senate Responses (Jan. 18, 2005)

11. Heather Mac Donald's "Few Bad Apples" Theory of Abuse (Jan. 23, 2005)

12. More Responses from Judge Gonzales (Jan. 25, 2005)

13. So, Does the President Think That the CIA Should be Forbidden from Engaging in Cruel, Inhuman and Degarding Treatment? (Jan. 27, 2005)

14. Defining Torture Down (Mar. 17, 2005)

15. Triple-Threat to Our Security: International Fora, Judicial Processes and Terrorism (Mar. 26, 2005)

16. Waldron/Yoo Debate on Torture (Apr. 26, 2005)

17. Has Congress Prohibited "Torture Light"? (May 11, 2005)

18. Defining "Humanely" Down, Part II (June 13, 2005)

19. GTMO: Where Was the Law? Whither the UCMJ? (June 14, 2005)

20. Defining "Humane" Down, Part III -- The Schmidt Report (July 14, 2005)

21. The Importance of Geneva Common Article 3 (July 17, 2005)

22. The Graham Hearing on Detainees -- Progress on the Congressional Front (July 18, 2005)

23. President Tells Congress to Take a Hike on Detention and Interrogation (July 22, 2005)

24. Cheney v. McCain for the Soul of the Republican Party? (July 23, 2005)

25. The Heroes of the Pentagon's Interrogation Scandal -- Finally, the JAG Memos (July 23, 2005)

26. The JAG Memos on Military Interrogation and OLC’s Legal Analysis (July 27, 2005)

27. Horrifying. Shameful. (Aug. 3, 2005)

28. The Mowhoush Murder, Geneva, the Scorpions, and Military "Special Forces" (Aug. 3, 2005)

29. Rendition to Torture (Aug. 6, 2005)

30. Padilla (Sept. 9, 2005)

31. Further Thoughts on Preventing Padilla from "Returning" to the Afghan Battlefield (Sept. 10, 2005)

32. Judge Roberts on Presidential and Congressional War Powers (Sept. 14, 2005)

33. "We Don't Torture." "We Abide By Our Treaty Obligations." "We Treat Detainees Humanely." (Repeat as Needed.) (Sept. 21, 2005)

34. Silver Linings (or, the Strange But True Fate of the Second (or was it the Third?) OLC Torture Memo) (Sept. 21, 2005)

35. Captain Fishback's Letter to Senator McCain (Sept. 28, 2005)

36. Halftime Score: John McCain 90, Dick Cheney 9 (Oct. 5, 2005)

37. Beware the "Augmented" McCain Amendment! (Oct. 15, 2005)

38. Battle Royale at the Pentagon: David Addington v. Common Article 3 (Nov. 1, 2005)

39. The CIA's "Black Sites": Beyond the Rule of Law? (Nov. 1, 2005)

40. Look on the Bright Side -- We May Be Torturing in Eastern European Detention Facilities, But Our Black Sites Aren't as Bad as the Gulag! (Nov. 7, 2005)

41. Petition for Certiorari Granted in Hamdan (Nov. 7, 2005)

42. Hamdan, Rasul, et al., Imperiled (Nov. 11, 2005)

43. No Need to Fret About Waterboarding: It's Merely a Psychological Ploy (Nov. 12, 2005)

44. Confusing Developments Senate-Side on GTMO Detention, Commissions and Habeas (Nov. 15, 2005)

45. Why Habeas at GTMO is So Important (Nov. 16, 2005)

46. CIA "Enhanced Interrogation Techniques" Revealed (Nov. 21, 2005)

47. Condi Rice's "No Torture" Pledge: Don't Believe the Hype! (Dec. 7, 2005)

48. The McCain Amendment -- The Good (Dec. 16, 2005)

49. The McCain Amendment -- The (Potentially) Bad (Dec. 16, 2005)

50. The McCain Amendment -- The Ugly (Dec. 16, 2005)

51. The McCain Amendment -- What Would the Law Be, Anyway? (Dec. 16, 2005)

52. Which Is It, Mr. President? (Dec. 19, 2005)

53. Definition of "Audacity" (Dec. 19, 2005)

54. Another Reason Why the AUMF Argument is Wrong, and Why This Surveillance Program is Lawless (Dec. 20, 2005)

55. Judge Posner and "Ad Hoc Initiatives" (i.e., Presidentially Sanctioned Felonies) (Dec. 21, 2005)

56. Why They Didn't Simply Go to the FISA Court -- Because That Court Will Not Approve Illegal Surveillance (Dec. 22, 2005)

57. "Inherent Authority" to Violate Federal Law? (Dec. 22, 2005)

58. The McCain and Graham/Levin/Kyl Amendments -- Here They Are (Dec. 24, 2005)

59. If You're Going to Read Only One Thing About the NSA Spying Program (Dec. 25, 2005)

60. NSA Euphemism Watch, Part 2 (Dec. 28. 2005)

61. Prosecutorial Discretion, Continued -- A Special Counsel? (Dec. 31, 2005)

62. So Much for the President's Assent to the McCain Amendment (Jan. 2, 2006)

63. Senator McCain Lays Down a Marker (Jan. 4, 2006)

64. I Suppose That Depends On What the Definition of "the Law of the Land" Is (Jan. 5, 2006)

65. Analysis of the Legality of the Secret NSA Warrantless Electronic Surveillance Program (Jan. 9, 2006)

66. What Can Be Done About the NSA Dispute? (Jan. 20, 2006)

67. Scholars' Reply to DOJ "White Paper" on NSA, FISA, the AUMF and Article II (Feb. 2, 2006)

68. Senator Roberts Declares FISA Unconstitutional (Feb. 3, 2006)

69. How the Pentagon Came to Adopt Criminal Abuse as Official Policy (Feb. 20, 2006)

70. But Jack, Abuse is Not Mistreatment (Feb. 24, 2006)

71. Mother of Mercy, Is This the End of FISA?! (Feb. 26, 2006)

72. Gall (and Desperation): How Low Can Frist Stoop? (Mar. 4, 2006)

73. A Thorough Debunking of the "Statutory" Argument for the NSA Surveillance Program -- But Alas, Congress Doesn't Care (Mar. 9, 2006)

74. Does the Army Field Manual Authorize "Creative" Humiliation of Detainees? (Mar. 16, 2006)

75. The Reward for Lawbreaking Act of 2006 (Mar. 17, 2006)

76. So Brutal, Even the CIA Flinches (Mar. 18, 2006)

77. Kris Testimony on NSA Surveillance and Possible Amendments to FISA (Mar. 28, 2006)

78. The Schumer NSA Bill and the Feingold Censure Resolution (Mar. 31, 2006)

79. New York Times on the Schumer Bill (Apr. 6, 2006)

80. Army Confirms: Rumsfeld Authorized Criminal Conduct (Apr. 28, 2006)

81. The (Il)legality of the NSA Phone-Records-Interception Program (May 11, 2006)

82. Further Thoughts on the Lawfulness of the Newly Disclosed NSA Program (May 11, 2006)

83. Where There's Smoke . . . There's Cheney and Addington (May 13, 2006)

84. Michael Hayden and Article II (May 19, 2006)

85. The Unfortunate Transparency of Law: Why They (Allegedly) Could Not Simply Amend FISA (May 22, 2006)

86. Give Credit Where It's Due (May 27, 2006)

87. So, What About the Merits?: Was the Search of Rep. Jefferson's Chambers Lawful? (May 27, 2006)

88. Ceballos and Public Speech: Response to Roosevelt (June 1, 2006)

89. Why Close GTMO? (June 22, 2006)

90. Hamdan Summary -- And HUGE News (on SCOTUSblog) (June 29, 2006)

91. Legislative Supremacy, The Laws of War, and the Geneva Holding (June 29, 2006)

92. Hamdan is a Big Deal Regardless of What Congress Does (June 30, 2006)

93. Truer Words Were Never Spoken (July 2, 2006)

94. Chalk on the Spikes: What is the Proper Role of Executive Branch Lawyers, Anyway? (July 4, 2006)

95. Top Ten Myths About Hamdan, Geneva, and Interrogations (on Georgetown Law Faculty Blog) (July 5, 2006)

96. Hamdan, Geneva and Interrogations (linking to other Georgetown Law blogposts) (July 6, 2006)

97. The National Security Agency’s Domestic Spying Program: Framing the Debate (with David Cole), 81 Ind. L.J. 1355 (2006)

98. Hamdan and the NSA Domestic Surveillance Program: What Next? (July 7, 3006)

99. Open Letter in Response to Cass Sunstein on the NSA and FISA (July 9, 2006)

100. Newsflash: Pentagon Agrees to Abide by Supreme Court Ruling -- Or Does It? -- and a Short Riff on the Haynes Nomination (July 11, 2006)

101. Airtight Logic (July 11, 2006)

102. Well, Now It's Clear: Hamdan's Just a Bump in the Road (July 11, 2006)

103. Not-so-Common Article 3 (July 13, 2006)

104. The Specter Monstrosity (July 13, 2006)

105. The NSA, FISA and Hamdan: Response to DOJ from Scholars and Former Officials (July 14, 2006)

106. Two More Hamdan Myths (July 15, 2006)

107. Two (or Three) More Myths About Hamdan [on Georgetown Law site] (July 15, 2006)

108. Has the Onion Infiltrated the Offices of Time Magazine? (July 15, 2006)

109. A Tale of Two Washington Posts (July 15, 2006)

110. New York Times Editorial Page Gets It, Too (Mostly) (July 15, 2006)

111. As If Hamdan Never Happened: Don't Give an Inch on Article II (July 19, 2006)

112. Note to Senator Specter -- A Youngstown Refresher (July 19, 2006)

113. Proof Positive That Arlen Specter Does Not Read Balkinization (July 23, 2006)

114. ABA Task Force Report on Presidential Signing Statements (July 23, 2006)

115. The Bush Administration Draft Hamdan Response Bill (July 27, 2006)

116. The Problem Isn't Signing Statements (July 30, 2006)

117. Untangling the Debate on Signing Statements [written with seven former OLC colleagues and posted on the Georgetown Law site] (July 31, 2006)

118. What's to Become of Common Article 3? (Aug. 2, 2006)

119. Why Bother with Military Commissions? (Aug. 4, 2006)

120. More on the ABA Signing-Statements Resolutions (Aug. 5, 2006)

121. Random Searches on New York City Subways (Aug. 14, 2006)

122. The CIA Cruelty Authorization Act of 2006 (Aug. 14, 2006)

123. Ah, Well, That Explains It (Aug. 18, 2006)

124. Will the Geneva Conventions Be the First "Universally Accepted" Treaties? (Aug. 22, 2006)

125. Why Should We be "Boxed In" by the Constitution and Laws of the United States? (Aug. 22, 2006)

126. Here's the Administration's Cruel Treatment and Torture Authorization Act (Sept. 6, 2006)

127. The CIA's "Alternative Set of Procedures": Calling Things by Their Right Names (Sept. 6, 2006)

128. Does Torture Save Lives? (Sept. 7, 2006)

129. (CIA) Business as Usual?: Would the Administration Bill Effectively "Overrule" Hamdan? (Sept. 8, 2006)

130. Will Congress Authorize Violations of the Geneva Conventions? (Sept. 13, 2006)

131. At Last, the Issue is Publicly Joined . . . and When All the Smoke has Cleared, the Central Question is Quite Simple (Sept. 15, 2006)

132. Getting with "The Program": Clarity Through Obfuscation (Sept. 16, 2005)

133. Even OLC is Unwilling to Say That That These Techniques Comply with Geneva (Sept. 16, 2006)

134. The Torture Chorus (Sept. 21, 2006)

135. Senators Snatch Defeat From Jaws of Victory: U.S. to be First Nation to Authorize Violations of Geneva (Sept. 21, 2006)

136. Three of the Most Significant Problems with the "Compromise" (Sept. 22, 2006)

137. Clarification of What the War Crimes Amendment Would (Not) "Authorize" (Sept. 23, 2006)

138. Oh, Well, That Explains It (Sept. 23, 2006)

139. Ariel Dorfman on Complicity (Sept. 24, 2006)

140. Senator McCain's Understanding of His Own "Compromise" Legislation (Sept. 24, 2006)

141. It Gets Worse (Sept. 26, 2006)

142. Hate to Rain on the Torture Parade . . . (Sept. 26, 2006)

143. Imagine Giving Donald Rumsfeld Unbounded Discretion to Detain You Indefinitely (Sept. 27, 2006)

144. "Tyranny": "Our Generation's Version of the Alien and Sedition Acts" (Sept. 28, 2006)

145. The Senate Vote (Sept. 28, 2006)

146. The Military Commissions Act of 2006 (Sept. 30, 2006)

147. Shameless: The President's Constitutional Authority to Appoint Political Hacks to Run FEMA (Oct. 5, 2006)

148. When Will the Military Commissions Act Become Law? (Oct. 8. 2006)

149. Misplaced Priorities? (Oct. 11, 2006)

150. Three Senators Respond to the President's Assertion of an Appointments Clause Prerogative (Oct. 12, 2006)

151. John Yoo on Court-Stripping (Oct. 19, 2006)

152. Yes, It's a No-Brainer: Waterboarding Is Torture (Oct. 28, 2006)

153. You Call It "Torture"; We Call It "Coming Into Possession of Classified Information" (Nov. 4, 2006)

154. How Congress Might Send a "Message" to the President About Iraq (Dec. 10, 2006)

155. A First Amendment Right to Hold Classified Documents? (Dec. 14, 2006)

156. Murky's Law (Dec. 16, 2006)

157. Our Secret Law of Interrogation (Jan. 3, 2007)

158. Congressional Democrats Conclude "It is Time to Bring the War to a Close" . . . But Appear Unaware That They Can Do Something to Make It Happen (Jan. 5, 2007)

159. Note to Senator Biden: The President is Not "The Decider" (Jan. 7, 2007)

160. Kinkopf on Congress's War Powers (Jan. 8, 2007)

161. Let's Play "Junior Constitutional Lawyer"! (Jan. 9, 2007)

162. In (Electoral) Dreams Begin Responsibilities (Jan. 9, 2007)

163. Senator Kennedy's Bill to Prohibit Escalation of U.S. Forces in the Iraq Military Conflict (Jan. 9, 2007)

164. Terrorist Surveillance Program . . . Never Mind? Or New and Improved (and "Complex and Innovative")? (Jan. 17, 2007)

165. Update on the Sixth Circuit Litigation Challenging the NSA's Terrorist Surveillance Program (Jan. 29, 2007)

166. Government Reply Brief in NSA/FISA Case (Jan. 30, 2007)

167. Congress's War Powers (Jan. 30, 2007)

168. Audio of NSA Oral Argument (Jan. 31, 2007)

169. Why Did the Bush Administration Pass Over Michael McConnell? (Feb. 11, 2007)

170. Initial Thoughts on Boumediene (Feb. 20, 2007)

171. Around the Blogosphere on GTMO Habeas-Stripping (Mar. 1, 2007)

172. John Yoo Appears to Confirm CIA Waterboarding (Mar. 17 2007)

173. The White House Offer on the U.S. Attorney Imbroglio (Mar. 20, 2007)

174. SG Brief in Opposition in Boumediene (Mar. 21, 2007)

175. Did Anyone in the White House Act Unlawfully? (Mar. 21, 2007)

176. So Much for the Unitary Executive (Mar. 22, 2007)

177. Why the Administration is Legally "Constrained" from Moving the GTMO Detainees to the Mainland (Mar. 24, 2007)

178. Who's "the Decider"? (Mar. 26, 2007)

179. Untangling the Executive Privilege Question (Mar. 26, 2007)

180. What Would the Iraq Redeployment Bills Actually Do, Anyway? (Mar. 28, 2007)

181. What Does Kyle Sampson Say? (Mar. 28, 2007)

182. Understanding the Iraq Redeployment Bills (Mar. 29, 2007)

183. What Now at GTMO? (Apr. 2, 2007)

184. The Degradation of an Institution (Apr. 14, 2007)

185. The Misplaced Focus on Gonzales (Apr. 15, 2007)

186. The Rubber Stamp (Apr. 20, 2007)

187. How Low Can He Stoop? (Apr. 26, 2007)

188. Why the President Would Deny Our Troops the Resources They Need (Apr. 26, 2007)

189. Vetoing What is Necessary (May 1, 2007)

190. Why Closing Guantánamo Might Not be Such a Good Idea (May 2, 2007)

191. The President Denies the Troops The Necessary Support (May 2, 2007)

192. The Veto Statement -- Not Surprisingly, the President Claims a Constitutional Prerogative (May 2, 2007)

193. Because We Trust Kyle and Monica More than We Trust the Deputy Attorney General (May 9, 2007)

194. Most Important Question for Tomorrow's AG Hearing (May 9, 2007)

195. The Hollow Men (May 10, 2007)

196. General Petraeus on Torture and "Other Expedient Methods" (May 11, 2007)

197. The U.S. Attorney Scandal, in a Nutshell (Upshot -- It's Actually A "Voter Fraud" Scandal) (May 14, 2007)

198. Comey Testifies that the President Broke the Law (May 15, 2007)

199. Who Will Play Gonzales and Card and Addington in the Hollywood Movie of the Comey Testimony? (May 15, 2007)

200. What Was the President's Role? (May 16, 2007)

201. Comey Video (May 16, 2007)

202. Can You Even Imagine How Bad it Must Have Been? (May 16, 2007)

203. What Was "The Program" Before Goldsmith and Comey? (May 17, 2007)

204. Putting the Pieces Together (May 17, 2007)

205. You Do Want to Know What John Yoo Thinks About All This, Right? (May 17, 2007)

206. The Warm Republican Embrace of Torture (May 17, 2007)

207. Is This the Best the Administration's Surrogates Can Do? (with speculation about why the White House was so eager to obtain Ashcroft's signature) (May 17, 2007)

208. Response to Kmiec (and Levinson) -- What Does it Mean to "Faithfully" Execute the Law? (May 21, 2007)

209. It Was Only a Matter of Time . . . (May 21, 2007)

210. Goodling's Written Statement (May 23, 2007)

211. The Three Most Intriguing Words in Goodling's Testimony (May 23, 2007)

212. The Curious Case of Goodling and the Immigration Judges (May 25, 2007)

213. The Constitutional Crisis Within (May 27, 2007)

214. One of Those Rare Instances in Which the Nazi Analogy is Unavoidable (May 29, 2007)

215. Politicizing the Selection of Immigration Judges (May 29, 2007)

216. "Cool, Carefully Considered, Methodical, Prolonged and Repeated Subjection of Captives to Physical Torment, and the Accompanying Psychological Terror" (May 30, 2007)

217. Zelikow on "Legal Policy for a Twilight War" and an Alleged New Bush "Paradigm" (May 30, 2007)

218. A Most Important Development on CIA Interrogation, Electronic Surveillance, and Congressional Oversight (June 1, 2007)

219. Torture, Etc.: Would Things be Different in a Democratic Administration? (June 1, 2007)

220. The "Legal Hurdle" for Detaining Prisoners in the United States (June 3, 2007)

221. Senator Clinton's Views (June 3, 2007)

222. "Words in a Time of War" [Mark Danner address] (June 3, 2007)

223. Odds and Ends on Khadr [and Hamdan] (June 4, 2007)

224. Hamdan on the Heels of Khadr (June 5, 2007)

225. Stop the Presses! (June 6, 2007)

226. Comey's Answers to Written Questions (June 7, 2007)

227. Extreme Sensory Deprivation (June 7, 2007)

228. Kidnapping Young Children to Use Them as "Leverage" (June 8, 2007)

229. We Don't Violate International Law -- "We have simply not reached the result or interpretation that [our] critics prefer" (June 9, 2007)

230. al Marri -- Big News From the Fourth Circuit (June 11, 2007)

231. al-Marri Reactions I -- The Hidden Alternative Holding (Surprise -- It's About Abusive Interrogation!) (June 11, 2007)

232. The Govenrment's Strange Motions for Reconsideration in Hamdan and Khadr (June 12, 2007)

233. Number Two at DOJ . . . But Out of the Loop (June 21, 2007)

234. Does the Constitution Apply in Kansas? (June 21, 2007)

235. Fancy That (June 22, 2007)

236. The Most Important, Unanswered Question About Cheney (June 25, 2007)

237. Addington Speaks! (June 26, 2007)

238. First in What Will Probably be a Long Series: The President Asserts Executive Privilege (June 28, 2007)

239. The Sixth Circuit Opinions in the TSP/FISA Case (July 6, 2007)

240. What Would Happen if the Administration Continues to Defy the Subpoenas? (July 6, 2007)

241. Because There Are No Sharks in Kansas (July 7, 2007)

242. The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, Executive Authority, DOJ and OLC (July 8, 2007)

243. How the Executive Privilege Stand-Off Might Be Resolved (July 8, 2007)

244. Handy Guide to Possible Iraq-Related Legislation (July 9, 2007)


SANDY LEVINSON

1. The Administration backtracks on torture (June 23, 2004)

2. Judge Alito and Executive Power (Dec. 29, 2005)

3. The Alito Nomination: The Plot Thickens (Jan. 2, 2006)

4. Is James Madison Completely Irrelevant? (Jan. 8, 2006)

5. Iran-Contra and our Present Constitutional Discontents (Mar. 14, 2006)

6. Death Squads (May 9, 2006)

7. Malfeasance and Misfeasance (May 12, 2006)

8. Paying the Price for Defending Clinton (May 13, 2006)

9. The whiff of fascism in the air (May 13, 2006)

10. West Wing and the Constitution (finale) (May 14, 2006)

11. Is Congress Autonomous? (July 2, 2006)

12. "Creativity," Candor, and Lawyering (July 3, 2006)

13. Clinton impeachment revisited yet again (July 10, 2006)

14. Better a Criminal Than an Overreaching Incompetent?(Aug. 6, 2006)

15. "Walls" Between the FBI and CIA (and Within the FBI) (Aug. 12, 2006)

16. Legal Realism, the Court, and the Press (Aug. 18, 2006)

17. Legal Realism and the Press (II) (Aug. 19, 2006)

18. The 1% Solution and the Marginalization of Civil Liberties (Aug. 20, 2006)

19. Article 48 and the U.S. Constitution (Sept. 14, 2006)

20. Legal Realism 101 and the McCain Capitulation (Sept. 22, 2006)

21. Is John McCain a Tragic Figure? (Sept. 22, 2006)

22. On the Way to a Banana Republic (Sept. 23, 2006)

23. Is a Filibuster Really Unthinkable? (Sept. 23, 2006)

24. How Language Works (Sept. 24, 2006)

25. Thucydides Weighs In (Sept. 25, 2006)

26. Further Tales from a Banana Republic (Sept. 26, 2006)

27. On Language Proper to Our Situation (Oct. 1, 2006)

28. Does Japan Offer the Better Analogy? (Oct. 2, 2006)

29. The Fault is in Our Constitution (Oct. 3, 2006)

30. Abraham Lincoln as Myth and Symbol (Oct. 5, 2006)

31. This Just In (And Why We Should be Very Afraid) (Nov. 19, 2006)

32. An Audacious Claim About Our "Constitutional Culture" (Jan. 16, 2007)

33. Daryl Levinson Thesis Once More (Jan. 24, 2007)

34. An Interesting Natural Experiment in the Senate: The Daryl Levinson Thesis Revisited (Jan. 31, 2007)

35. Breaking Down the Vote (Feb. 6, 2007)

36. The President as Commander in Chief: More reflections on Our Defective Constitution (Feb. 16, 2007)

37. An Apology (Feb. 22, 2007)

38. Contempt for Congress (Mar. 9, 2007)

39. Toward a Language of Analysis of the Department of Justice: Thoughts Stimulated by the U.S. Attorney Imbroglio (Mar. 19, 2007)

40. Get the Medal of Freedom Ready (Mar. 20, 2007)

41. Why Do We Pay Karl Rove's Salary? (Mar. 20, 2007)

42. Can You Spell "Grant of Immunity"? (Mar. 26, 2007)

43. More on a Desire Not to Testify (Mar. 27, 2007)

44. More on Presidential Dictatorship (Apr. 15, 2007)

45. Hiring Authority at the Bush DOJ (Apr. 30, 2007)

46. Chaos at the DOJ (May 2, 2007)

47. The Elephant in Ms. Goodling's Room (May 12, 2007)

48. Professional Competence (May 20, 2007)

49. Monica Goodling, Mens Rea and Crimnal Liability (May 23, 2007)

50. Ms. Goodling Defines Herself (May 24, 2007)

51. Partisan Rant? (June 6, 2007)

52. "Necessity" v. "Self-Defense" (June 8, 2007)

53. Law, Honor, the Vice President, and Our Cefective Constitution (June 21, 2007)


DAVID LUBAN

1. Human Rights in the Balance: What's at Stake in Hamdan (Oct. 12, 2005)

2. Mansfield on Bush: Machiavelli Made Me Do It (Jan. 11, 2006)

3. An Embarrassment of Riches (Mar. 4, 2006)

4. Sitting Here in Limbo: The Exonerated Detainees (May 6, 2006)

5. An Asymmetrical Assault on Reality (June 12, 2006)

6. The Burning Question (Sept. 22, 2006)

7. Civilized Is As Civilized Does (Sept. 28, 2006)

8. What Makes a War? (Nov. 26, 2006)

9. Stimson's Attack on the Gitmo Lawyers (Jan. 14, 2007)

10. Yoo in Review (Feb. 25, 2007)

11. The Vindication of Major Mori (Apr. 1, 2007)

12. Moral Philosophy from the Godfather of Rendition (Apr. 29, 2007)

13. [REDACTED] (May 16, 2007)

14. Gonzales's Legal Ethics (May 21, 2007)


BRIAN TAMANAHA

1. All Hail King Bush, God's Captain and Leader of His People (July 31, 2005)

2. A Brainteaser About "Acting Above the Law" (Aug. 1, 2005)

3. Undisclosed Prisons, Detention Without Charges, and Now Secret Laws: the Bush Adminstration's Latest Act of Contempt for the Rule of Law (Dec. 12, 2005)

4. All Hail King Bush, God's Captain and Leader of His People (Dec. 22, 2005)

5. U.S. Loses Critical Battle in GWOT (Mar. 14, 2006)

6. Soliciting Nominations for the Cox-Richardson-Ruckleshaus Award (Mar. 15, 2006)

7. ASIL Takes Stand Against Bush Administration (Sort of) (Apr. 6, 2006)

8. Our Honorable President (Apr. 7, 2006)

9. Bush Creates Common Ground Between Liberals and Conservatives (July 29. 2006)

10. Dicey Versus Posner On Ordinary Courts (Aug. 22, 2006)

11. On Stalin's (Torturous) "Alternative Set of Procedures" (Sept. 11, 2006)

12. The Devil's Pitch: Sell Your Soul to Save Yourself (Sept. 16, 2006)

13. Traditional Christian Values and Torture (Sept. 20, 2006)

14. Comparing the U.S. and the European Responses to the Threat of Terrorism (Oct. 2, 2006)

15. Back to the Good Old Populist Days of Kicking Court Butt (Oct. 20, 2006)

16. We Torture (Jan. 5, 2007)

17. Top State Department Lawyer Blogs About Guantanamo (Jan. 16, 2007)

18. The Bush Administration Vindicates Critical Legal Studies (May 3, 2007)

19. The Difference Between "Rule of Law" and "Rule by Law" (A.G. Gonzales Please Take Note) (May 14, 2007)

20. Shame on Conservatives Who Hide Behind the Indeterminacy of Law (May 18, 2007)

21. Medieval Rulers and Their Wars (June 4, 2007)


OTHER BLOGGERS

1. Torture and the Iraq Constitution (June 24, 2004) (Cass Sunstein)

2. Does the Posse Comitatus Act Still Exist? (July 15, 2005) (Kim Lane Scheppele)

3. Hamdan Again (Oct. 27, 2005) (Oona Hathaway)

4. Hamdan Redux (Nov. 3, 2005) (Oona Hathaway)

5. The Basic Case Against Alito (Jan. 9, 2006) (Robert W. Gordon)

6. False Confessions Without Torture (May 3, 2006) (Ian Ayres)

7. The NSA and Hamdan (July 8, 2006) (Cass Sunstein)

8. Cass Sunstein Replies (July 9, 2006) (Cass Sunstein)

9. Representative Harman on the Specter Bill (July 14, 2006) (Cong. Jane Harman)

10. Larry Tribe on the ABA Signing Statements Report (Aug. 6, 2006) (Laurence Tribe)

11. The Bloggerati Response to Judge Taylor's Ruling in the NSA Case (Aug. 19, 2006) (Laurence Tribe)

12. Why The Specter Bill Won't Let Courts Decide the Legality of the NSA Program (Sept. 15, 2006) (David Barron)

13. Thucydides on Democratic Imperialism (Sept. 27, 2006) (Alan Gilbert)

14. Suspending Habeas Corpus at Guantánamo and Beyond (Oct. 4, 2006) (Jonathan Hafetz)

15. The Haystack Terror Strategy (Nov. 29, 2006) (Ian Ayres and Rashad Hussain)

16. Statement of Law Deans Concerning Stimson Remarks (Jan. 15, 2007 (Harold Koh)

17. Omar v. Harvey: Using International Law To Limit Human Rights (Feb. 10, 2007) (Aziz Huq)

18. Faulty History at the D.C. Circuit [Boumediene] (Feb. 26, 2007) (Jonathan Hafetz)

19. A [Guilty] Plea for Freedom? (Mar. 28, 2007) (David Glazier)

20. Further Thoughts on the Court's Refusal to Hear the Guantánamo Detainee Appeals (Apr. 4, 2007) (Jonathan Hafetz)

21. Plea to U.S. Government: When Neck-Deep in Quicksand, Stop Digging! (Apr. 25, 2007) (Gabor Rona)

22. Douglas Kmiec Responds to Marty Lederman (May 20, 2007) (Doug Kmiec)

23. The Missing White House E-Mail Records and Democracy (June 21, 2007) (Laura DeNardis)

24. Having It Both Ways -- Al Qaeda and the Laws of War (June 5, 2007 (David Cole)

25. Cynicism and Executive Privilege (July 7, 2007) (Rob Weiner)

Comments:

Thanks ... this is a useful resource that probably would make a good print collection too. But, that is more complicated, and online access is useful on its own.

Off topic, some might be interested in the Dred Scott re-consideration that is available on the C-SPAN website. A portion was aired yesterday, but the website has a lot more material available for those who can download Real Audio etc.
 

Thank you for providing this wonderful resource. Who needs it in print when it's just a keystroke away? ;)

Seriously though, Balkinization has become my first stop when I try to sort out the developments and impact of the courts' latest decisions. Thank you for providing access to your expertise and scholarship.
 

This is an extremely valuable resource. We readers very much appreciate the work you've done both in making the posts and organizing the collection.
 

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