3rd Annual National Security Law Workshop / IHL Training Session: Austin, April 1st-2nd, 2010

January 13, 2010

* Announcing the 3rd Annual National Security Law Article Workshop and IHL Training Session – Austin, April 1st and 2nd, 2010

http://www.robertstrausscenter.org/img/upload/1263410490_National%20Security%20Law%20Workshop.pdf

I’m excited to announce that the 3rd annual workshop/training session will take place here at UT on Thursday April 1st and Friday April 2nd, with sponsorship from UT’s Strauss Center for International Security Law and the International Committee of the Red Cross, co-hosting by myself and Prof. Geoff Corn (South Texas), and additional participation by faculty from the Army JAG School.  This is a very fun, eclectic event.  The basic idea is that there will be about 8 papers presented (discussant format, with everyone engaging in Q&A), and also 8 one-hour blocks of IHL-related training and discussion (half by ICRC instructors, half by JAG School instructors).  Based on how attendance went the past two years, we expect about two or three dozen attendees, including both civilian law profs (and would-be law profs) and current JAGs.  It’s a great chance to network, too, and based on past experience it’s unusually fun and casual by the standards of your typical academic workshop.

This is a pay-your-own-way event, but we will provide food during the day, and might even repeat the past practice of sponsoring the group dinners (Wednesday March 31st, Thursday the 1st) as well.

Call for papers:  If you want to present a paper, email me the abstract or draft no later than February 1st.  Accepted for publication is ok; actually published is not (no, SSRN does not count as published for this purpose).  Selections will be announced soon after Feb. 1st.  As for subject matter, national security law is a big tent.  If in doubt, go ahead and submit (or at least check with me).

Just attending: Whether you present a paper or not, we would love to have you here if space permits.  As our space is not unlimited, I do ask that you RSVP to me by email and wait to hear back from me before making any travel arrangements; if we end up with too many would-be attendees, preference will go to junior faculty members, and beyond that efforts will be made to ensure the group presents an interesting mix of folks.

Let me know if you have questions, and PLEASE PASS THIS ALONG TO ANYONE WHOM YOU THINK MAY BE INTERESTED.

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recap of oral argument before the 11th Circuit in Jose Padilla v. United States

January 13, 2010

* Padilla v. United States (11th Cir.) (oral argument overview)

I don’t normally circulate news items, but this report has a useful overview of the issues and exchanges in connection with Jose Padilla’s recent oral argument in the 11th Circuit, including the very timely issue of whether attempts to prosecute someone after years in military detention and interrogation should result in a dismissal of charges on outrageous government conduct grounds.


Gillon v. UK (ECHR) (striking down search provision in UK’s Terrorism Act 2000)

January 13, 2010

* Case of Gillon and Quinton v. the United Kingdom (Eur. Ct. Hum. Rts. Jan. 12, 2010)

From the ECHR press release (for the full opinion, see the link at the top of the press release):

Principal facts

The case concerned the police power in the United Kingdom under sections 44-47 of the Terrorism Act 2000 (“the 2000 Act”) to stop and search individuals without reasonable suspicion of wrongdoing. Read the rest of this entry »


El-Ganayni v. DOE; forthcoming scholarship

January 13, 2010

1. El-Ganayni v. Dep’t of Energy (3rd Cir. Jan. 11, 2010)

The Third Circuit on Monday upheld dismissal of a suit challenging DOE’s decision to revoke the security clearance of a nuclear scientist from Bettis Labs, a Muslim man who alleged that the revocation was in retaliation for his political views (the plaintiff had been critical of U.S. involvement in Iraq and critical of the FBI), and discriminatory.  Among other things, the court holds: Read the rest of this entry »