Faculty Blog, Friedman, Hansen

A Trial Date Set for September 11 Planners But No Justice in Sight

As reported in the New York Times, the judge overseeing the military tribunal of Khalid Shaikh Mohammed and the four other suspects believed to have designed and organized the September 11 attacks has set a trial date of January 2021. Although there have been numerous court hearings for these five suspects since they arrived at… Continue reading A Trial Date Set for September 11 Planners But No Justice in Sight

Faculty Blog, Friedman

Against the Commodification of Information Privacy

Back in May, the New York Times published a piece by the technology entrepreneur, Heidi Messer, in which she argued that the time has come to “stop fetishizing privacy,” understood as control over one’s personal information. Her basic contention is that the modern narrative about information privacy – that is, control over information about ourselves… Continue reading Against the Commodification of Information Privacy

Faculty Blog, Friedman

Executive Privilege and the Census

The truth may be out there, but President Donald Trump is doing his level best to prevent its discovery. His latest effort is the assertion of executive privilege in the face of congressional inquiries into the addition of a citizenship question to the 2020 census. The move is not likely to go unchallenged—and, in this… Continue reading Executive Privilege and the Census

Faculty Blog, Friedman

Iran, Al Qaeda and the Legacy of September 11

The Trump administration may well be contemplating military action against Iran. Not only has it named Iran’s Islamic Revolutionary Guard a foreign terrorist group – the first such designation under the aegis of a nation-state – but Secretary of State Mike Pompeo suggested in recent Senate testimony that he has “no doubt there is a… Continue reading Iran, Al Qaeda and the Legacy of September 11

Faculty Blog, Friedman, Hansen

Keeping the President in Check, One Congressional Hearing at a Time

The State of the Union address is not just an annual ritual—it is a requirement. Article II, Section 3 of the Constitution provides that the President “shall from time to time give to the Congress Information of the State of the Union.” That the speech is, today, more rhetorical than informative does not mean it… Continue reading Keeping the President in Check, One Congressional Hearing at a Time

Faculty Blog, Friedman, Hansen

Checking Trump, One Foreign Policy at a Time

We wrote recently, in Just Security, about December’s bipartisan Senate vote and resolution to withdraw U.S. military assistance from Yemen and to assign responsibility for the death of journalist Jamal Khashoggi to Saudi Crown Prince Mohammed bin Salman—legislative moves contrary to the policy wishes of the Trump administration. The Senate’s actions suggested three developments in… Continue reading Checking Trump, One Foreign Policy at a Time

Faculty Blog, Friedman, Privacy

On the Moral Duty to Leave Facebook

In an essay published last November, the philosopher S. Matthew Liao asks: do we have a moral duty to leave Facebook? His answer: not yet. In light of Facebook’s destructive effect on information privacy, I’m not sure the answer to his question shouldn’t be an unequivocal “yes.” Considering the duties one owes to others, Liao… Continue reading On the Moral Duty to Leave Facebook

Faculty Blog, Friedman

The Supreme Court Declines to Resolve Yet Another Lower Court Conflict  

Supreme Court Justice Clarence Thomas is unhappy again – not with a substantive ruling by the court, but with a decision by the majority to decline to hear a particular case. Last year, Thomas, joined by Justice Samuel Alito, dissented from a decision by the majority – one in a long line – not to… Continue reading The Supreme Court Declines to Resolve Yet Another Lower Court Conflict  

Faculty Blog, Friedman

Moving Forward: Supreme Court Appointments After Kavanaugh

In the wake of Justice Antonin Scalia’s passing in early 2016, the Republican-controlled U.S. Senate declined to give its advice on President Barack Obama’s nomination of Judge Merrick Garland to the high court, much less its consent. That move, along with the Republican-led elimination of the filibuster for Supreme Court nominations, has led to a… Continue reading Moving Forward: Supreme Court Appointments After Kavanaugh

4th Amendment, Constitution, criminal law, Due Process, Faculty Blog, Fourth Amendment, Friedman, Hansen, New England Law Review, Trump, U.S. Supreme Court

Faculty Blog: The Post-9/11 Weight of Korematsu

Associates of President-elect Donald J. Trump have suggested that the infamous Supreme Court decision upholding the internment of Japanese-Americans during World War II, Korematsu v. United States, could be used to justify measures aimed at tracking and potentially detaining Muslim-Americans and Muslim immigrants. As Professor Noah Feldman has recently noted, the Korematsu decision is widely regarded today as having been wrongly decided and it has been, as Justice Stephen G. Breyer has put it, “discredited.” But there is another reason why the precedential value of Korematsu has been diminished: its basic premise has been undermined by the Supreme Court’s more recent decisions in Hamdi v. Rumsfeld and Boumediene v. Bush.