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...

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...

This is an essay about constitutional law and its relevance to constitutional discourse about individual rights - to the continuing discussion among judges, lawyers, and commentators about the meaning of our constitutional commitments to such values as due process and equal protection of the...

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...