By John Thorlin, NSJ Staff Editor - Writing for the Yale Journal of International Law, Prof. Robert Sloane of the Boston University School of Law delves into the national security variant of the old debate about ends and means-the distinction and relationship between the concepts of jus ad bellum, the law governing resort to force, […]
NSJ Analysis: Simon Surveys Potential Israeli Strike on Iran
Writing for the Council on Foreign Relation’s Center for Preventive Action, Steven Simon sets out to “assesses the likelihood of an Israeli strike against Iran despite U.S. objections, the implications for the United States should it take place, the policy options available to reduce the chances of its occurrence, and the measures that could be […]
Predator Strikes Raise Novel Moral, Legal Issues
By Mat Trachok, NSJ Staff Editor - In a recent article in The New Yorker, Jane Mayer considers the legal and moral implications of the Central Intelligence Agency’s covert drone program in the Federally Administered Tribal Areas (FATA) of Pakistan. Under the Bush Administration, the CIA began using unmanned drone aircraft, most often Predators and […]
Second Circuit Rules Victim of Extraordinary Rendition May Not Sue American Officials
By Jonathan Abrams, NSJ Staff Editor, HLS 2012 The Second Circuit ruled on November 2nd that Maher Arar, a Canadian citizen who claimed he was a victim of “extraordinary rendition,” may not sue American officials for damages because Congress has not authorized such suits. Mr. Arar was detained at Kennedy International Airport on September 26, […]
Compassion for Veterans’ Combat Stress Finds its Way to the Supreme Court
In this unsigned opinion released yesterday, the Supreme Court appeared to recognize that the toll of combat stress on America’s war veterans could be a mitigating factor in sentencing decisions. The case, Porter v. McCollum, 08-10537, involves the conviction of a Korean War veteran, George Porter Jr., for the murder of his former girlfriend and […]
Ninth Circuit to Rehear State Secrets Case
By Jonathan Abrams, NSJ Staff Editor, HLS 2012 On October 27th, the Ninth Circuit granted en banc review to an important case involving the “state secrets” privilege. The case, Mohamed v. Jeppesen Dataplan Inc., 579 F.3d 943 (9th Cir. 2009), involves a lawsuit brought by five foreign nationals who claim they were part of the […]