Loading...
You are here:  Home  >  Pending Cases
Latest

Updates Pending: The Supreme Court Grants Certiorari in the Microsoft Ireland Case

By   /  November 13, 2017  /  Featured, Foreign Relations, Fourth Amendment, International Law, National Security Law & Policy, News & Events, Pending Cases, Trending Topics  /  No Comments

By: Jen Goss, November 13, 2017  In October, the Supreme Court granted certiorari in the case of United States v. Microsoft Corp. A Supreme Court decision in this case will provide the government and service providers with an answer to “whether a United States provider of email services must comply with a probable-cause-based warrant issued […]

Read More →
Latest

Legal Implications of Detaining the Latest American Enemy Combatant

By   /  October 8, 2017  /  Counterterrorism, Featured, News & Events, Pending Cases, Terrorist Trials, Trending Topics  /  No Comments

By Annica Mae Mattus It is around four weeks since the Department of Defense announced an American citizen is being detained by American forces as an enemy combatant after surrendering to Syrian Democratic Forces, but no additional details have since been made. This is not the first time that an American citizen has been detained […]

Read More →
Latest

Where Personal Opinion and Unlawful Command Influence Collide

By   /  November 20, 2016  /  National Security Law, National Security Law & Policy, News & Events, Pending Cases, UCMJ  /  No Comments

By Jennifer Goss In August 2016, Sergeant (Sgt.) Bowe Bergdahl’s defense team filed a motion to dismiss all charges against him, claiming that Senator John McCain made comments that could unlawfully influence Bergdahl’s case and impact his right to due process. Sgt. Bergdahl was charged in 2015 with desertion and misbehavior before the enemy after […]

Read More →
Latest

iConstitution: How Apple is using the Constitution as a basis for its argument against the FBI

By   /  March 1, 2016  /  Cyber-surveillance, Cybersecurity, Cybersecurity Law & Policy, Fifth Amendment, First Amendment, National Security Law, News & Events, Pending Cases, Trending Topics  /  No Comments

It’s quite difficult to imagine exactly what the Framers of the Constitution would think of the construal of their document to protect the locked-away iMessages and data of the San Bernardino terrorists. Yet, the principles of the Constitution that Apple is using to rebut the arguments of the FBI protect the rights of the individual […]

Read More →
Latest

How to Reform the Foreign Intelligence Surveillance Court Without Creating a Special Advocate

By   /  March 11, 2015  /  Pending Cases, Trending Topics  /  No Comments

Many proposals have been introduced in Congress to reform the Foreign Intelligence Surveillance Court (FISC); several proposals would create an ombudsman-like entity that would appear before the FISC and the Foreign Intelligence Surveillance Court of Review (FISC-R) on behalf of the American people to argue against the government’s compulsion requests. [1]. As the Congressional Research Service […]

Read More →