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The Volokh Conspiracy » Court Rules That Police Cannot Use Warrants to Obtain Cell Phone Location of Person Who is Subject of Arrest Warrant

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U.S. Libya intervention: Legally and constitutionally, Obama is on firm ground.

U.S. Libya intervention: Legally and constitutionally, Obama is on firm ground. | Legal Perspectives | Scoop.it
What did the president do, and when did he do it? Critics of President Obama's use of air power over Libya are posing sharp questions, with some detractors likening Obama's actions to the lawlessness of Watergate and Abu Ghraib.
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Daniel Ellsberg: All the crimes Richard Nixon committed against me are now legal – In the Arena - CNN.com Blogs

Daniel Ellsberg: All the crimes Richard Nixon committed against me are now legal – In the Arena - CNN.com Blogs | Legal Perspectives | Scoop.it
ONLY ON THE BLOG: Answering today's OFF-SET questions is Daniel Ellsberg, author, defense analyst and prominent whistleblower.
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Opinio Juris » Blog Archive » Did You Hear? But for the ICC, the War in Libya Would Be Over

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Is Osama bin Laden killing legal? International Law experts divided

Is Osama bin Laden killing legal? International Law experts divided | Legal Perspectives | Scoop.it
The killing of dreaded terrorist Osama bin Laden has triggered a controversy - did it violate international law? {EAV_BLOG_VER:67ce0d6b4ec43720}
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Opinio Juris » Blog Archive » The Armed Conflict with Al Qaeda

The US has taken itself to be in an armed conflict with Al Qaeda since at least the AUMF, and possibly before that. It does not believe that it is impossible to be in an armed conflict with a non-state actor, given that civil wars feature non-state actors and we have a regime of armed conflict addressing those cases.
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The bin Laden aftermath: Abbottabad and international law - by Mary Ellen O'Connell | The AfPak Channel

The bin Laden aftermath: Abbottabad and international law - by Mary Ellen O'Connell | The AfPak Channel | Legal Perspectives | Scoop.it
Orders to kill, not capture, bin Laden would be difficult to defend legally. But top counterterrorism adviser John Brennan stated Monday that the SEALs were under orders to capture bin Laden if they could...
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The Volokh Conspiracy » The Death of Bin Laden and the Morality of Targeted Killings

From an international law perspective, it’s worth noting that the operation against Bin Laden is an example of targeted killing. Although we don’t yet know very many details, it’s pretty obvious that the US targeted Bin Laden deliberately, something the President more or less admitted in his speech, where he said that we have been tracking Bin Laden for many months (presumably for the purpose of targeting him as an individual).
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The Volokh Conspiracy » Der Spiegel and International Law

The Volokh Conspiracy » Der Spiegel and International Law | Legal Perspectives | Scoop.it
But the US government’s pragmatic view — long at the center of State Department legal approaches, including the one that authorized the killing of Bin Laden as a lawful attack against a lawful target in an armed conflict — is best seen as protecting this important, but fragile, category called international law ... from itself. From its most enthusiastic supporters, who are always willing to purify it into a form of law suitable only for uninhabited planets or maybe heaven.
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Osama bin Laden: US responds to questions about killing's legality | World news | The Guardian

Osama bin Laden: US responds to questions about killing's legality | World news | The Guardian | Legal Perspectives | Scoop.it
Doubts remain over manner in which al-Qaida figurehead died but US officials defend Barack Obama's action...
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Why the Exclusionary Rule Matters | The Agitator

In Tennessee, a big drug bust is in jeopardy after a federal judge found that police had no reason for the traffic stop that led to the subsequent search and...
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U.S. Appeals Court Upholds Obama Health Care Law : NPR

A three-judge panel in Cincinnati disagreed on some issues but ultimately affirmed a Michigan judge's decision that Congress can require Americans to have minimum insurance coverage.
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Sentencing Law and Policy: Are severe mandatory minimums for certain gun crimes especially problematic after Heller?

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Opinio Juris » Blog Archive » IHL and International Human Rights Law in Non-International Armed Conflict

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Osama Bin Laden Killing: Was It Legal Under International Law? - ABC News

Osama Bin Laden Killing: Was It Legal Under International Law? - ABC News | Legal Perspectives | Scoop.it
Legal experts say the Obama administration must more forcefully lay out its case for the targeted killing of Osama bin Laden on Pakistani soil.
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U.N. Watchdogs Seek Details of Raid on bin Laden Compound

A pair of U.N. rights watchdogs raised questions Friday about whether the U.S. Special Forces commandos who killed Osama bin Laden had adequately trained for his capture.
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Opinio Juris » Quick Thoughts on UBL’s Killing — and a Response to Lewis

First, with regard to the UBL question: I have no doubt that killing UBL was legal. To begin with, I think the applicable legal regime is international humanitarian law (IHL), not international human-rights law (IHRL) — a conclusion that can be reached in a number of different ways.
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The Volokh Conspiracy » More Human Rights Watch on Bin Laden

When the news broke that U.S. forces had killed Bin Laden, HRW went with its natural instincts to use the occasion to urge the U.S. to “no longer resort to torture, ill-treatment, and other violations of basic rights in their understandable quest to prevent further strikes.”
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Analysis: Legal questions remain over bin Laden killing

Analysis: Legal questions remain over bin Laden killing | Legal Perspectives | Scoop.it
NEW YORK (Reuters) - International law experts in the United States said important legal questions remained about the killing of Osama bin Laden even as the Obama administration defended the action.While...
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Was the Killing of Osama bin Laden Lawful? « EJIL: Talk!

Yes. I wouldn’t say beyond any doubt, but for practical purposes very nearly so. As I’ve argued before, there are three bodies of law (potentially) relevant for assessing the legality of a targeted killing: the jus ad bellum, IHL, and human rights law.
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