In this essay, Ford considers provisions of the 2016 National Defense Authorization Act (NDAA) which place restrictions on the disposition of detainees held in Guantánamo Bay. These provisions raise substantial separation of powers issues regarding the ability of Congress to restrict detention operations of the Executive. These restrictions, and similar restrictions found in earlier NDAAs, specifically implicate the Executive's powers in foreign affairs and as Commander in Chief. Ford concludes that, with the exception of a similar provision found in the 2013 NDAA, the restrictions are constitutional.
In this podcast, Professors Steven Calabresi and Andrew Koppelman discuss the legacy of Justice Antonin Scalia with NULR Senior Online Editor Matthew Monahan.
In this podcast, Peter R. Dubrowski discusses The Ferguson v. JONAH Verdict and a Path Towards National Cessation of Gay-to-Straight "Conversion Therapy" with NULR Online Articles Editor Leah Rizkallah.
In this podcast, Professor Monu Bedi discusses The Curious Case of Cell Phone Location Data: Fourth Amendment Doctrine Mashup with NULR Online Articles Editor Carlo Felizardo.