Author name: hlsmultitest

By Daphne Barak-Erez* — Click here to read the full text of the Article When collecting information about possible terrorist attacks, national security agencies may have to choose between competing systems of implementation, all infringing individual rights. Should they collect information by indiscriminately wiretapping communications in the population at large or by implementing harsher means, such as investigations under arrest, against individuals known to be involved in terrorist activities? Assuming that both policy options, at least in certain cases, are equally effective, this question highlights the fact that many national security decisions entail distributive implications. This Article analyzes the centrality […]

By Haridimos V. Thravalos* — Click here to view the full text of the article. The U.S. Court of Appeals for the District of Columbia Circuit will soon confront the question of whether, under the Military Commissions Act of 2009, conspiracy to violate the law of war is an offense triable by law-of-war military commission. In June 2006, a plurality of the Supreme Court in Hamdan v. Rumsfeld determined that the Government failed to make a colorable case for the inclusion of conspiracy among those offenses cognizable by law-of-war military commission. The plurality’s reasoning was largely based on its survey