This is a response to Laura Donohue's book, THE FUTURE OF FOREIGN INTELLIGENCE: PRIVACY AND SURVEILLANCE IN A DIGITAL AGE (Oxford 2016). The book has many virtues. It provides a clear explanation of the nature of foreign intelligence surveillance in the age of electronic communication and the...

In her thoughtful review of our book, The Case for Congress: Separation of Powers and the War on Terror, Elizabeth Wilson argues that our belief that Congress can play a critical role in directing post-September 11 national-security policy is misguided. She questions what she calls our...

Right now, there is a question as to whether the terrorism suspects detained at Guantanamo - and, it follows, future terrorism detainees who qualify as alien enemy combatants - should be tried for their alleged crimes before military commissions rather than in civilian courts in the United...