Stephen I. Vladeck

Stephen I. Vladeck: Publications

• other

  Republicans' Sixth Amendment impeachment objection has ominous implications

  NBC News THINK

  Authors:

  November 15, 2019

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• other

  President Trump’s taxes reach the Supreme Court

  SCOTUSblog

  Authors:

  November 15, 2019

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• article

  The Supreme Court, 2018 Term - Essay: The Solicitor General and the Shadow Docket

  Harvard Law Review

  Authors:

  2019

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• other

  Brief for the Petitioners, Hernandez v. Mesa, No. 17-1678 (U.S. argued Nov. 12, 2019)

  Authors:

  November 12, 2019

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• other

  Brief for the Real Parties in Interest, In re Academy Ltd., No. 10-0497 (Tex. filed Nov 12, 2019)

  Authors:

  November 12, 2019

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• other

  Reply Brief for the Petitioners, Hernandez v. Mesa, No. 17-1678 (U.S. argued Nov. 12, 2019)

  Authors:

  November 12, 2019

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• other

  Impeachment Does Not 'Overturn' an Election

  New York Times

  Authors:

  October 28, 2019

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• other

  Reply Brief for the Appellant, United States v. Rice, No. 19-178 (C.A.A.F. argued Oct. 16, 2019)

  Authors:

  October 16, 2019

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• other

  Brief for the Appellant, United States v. Rice, No. 19-178 (C.A.A.F. argued Oct. 16, 2019)

  Authors:

  October 16, 2019

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• other

  What Would Happen If Trump Ignored a Divided Supreme Court Ruling Against Him?

  Washington Post

  Authors:

  October 14, 2019

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• other

  Why the Whistle-Blowing Process is Breaking Down

  New York Times

  Authors:

  September 20, 2019

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• article

  Military Officers and the Civil Office Ban

  Ind. L.J.

  Authors:

  2018

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• other

  Will the Rule of Law Apply Along the Border?

  New York Times

  Authors:

  June 12, 2018

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• article

  Presidents Aren’t Kings. Someone Should Tell Trump’s Legal Team.

  Washington Post

  Authors:

  June 4, 2018

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• article

  Unlawful Command Influence and the President’s Quasi-Personal Capacity

  Tex. L. Rev. Online

  Authors:

  2018

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• article

  Military Officers and the Civil Office Ban

  Ind. L.J.

  Authors:

  2018

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• article

  The Aggressive Virtues

  N.Y.U. L. REV.

  Authors:

  May 1, 2018

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• book

  Implied Constitutional Remedies After Abbasi, in AM. CONST. SOC’Y, SUPREME COURT REVIEW, 2016–2017

  Authors:

  2017

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• article

  An American Held as an ISIS Suspect Deserves a Prompt Hearing

  New York Times

  Authors:

  November 30, 2017

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• other

  Sending the New York terrorism suspect to Guantanamo is a horrible idea

  Washington Post

  Authors:

  November 1, 2017

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• book

  “Incidental” Foreign Intelligence Surveillance and the Fourth Amendment, in THE CAMBRIDGE HANDBOOK OF SURVEILLANCE LAW

  Cambridge University Press

  Authors:

  Stephen I. Vladeck, Jennifer Daskal

  2017

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• other

  The Dangerous Myth of the Judicial 'Resistance'

  Authors:

  Stephen I. Vladeck, Dahlia Lithwick

  October 31, 2017

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• other

  If Trump plans to fire Mueller, the time to do it is right now

  Washington Post

  Authors:

  October 31, 2017

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• other

  The Long Reach of Guantánamo Bay Military Commissions

  New York Times

  Authors:

  October 4, 2017

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• review

  Reviewing ALLAN A. RYAN, THE 9/11 TERROR CASES: CONSTITUTIONAL CHALLENGES IN THE WAR AGAINST AL QAEDA (2015)

  POL. SCI. Q.

  Authors:

  2017

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• review

  What Abbasi Should Have Said (reviewing JAMES E. PFANDER, CONSTITUTIONAL TORTS AND THE WAR ON TERROR (2017))

  JOTWELL

  Authors:

  August 15, 2017

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• other

  THE BIVENS TERM: WHY THE SUPREME COURT SHOULD REINVIGORATE DAMAGES SUITS AGAINST FEDERAL OFFICERS

  AM. CONST. SOC’Y, ISSUE BRIEF

  Authors:

  2017

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• article

  The Constitutional Right to Collateral Post-Conviction Review

  VA. L. REV.

  Authors:

  Stephen I. Vladeck, Carlos M. Vazquez

  2017

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• review

  A Bivens Encomium—or Elegy (reviewing JAMES E. PFANDER, CONSTITUTIONAL TORTS AND THE WAR ON TERROR (2017))

  LAWFARE BOOK REV.

  Authors:

  May 17, 2017

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• article

  The Wars of the Judges

  Wash. L. Rev.

  Authors:

  2017

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• article

  The Demise of Merits-Based Adjudication in Post-9/11 National Security Litigation

  Drake Law Review

  Authors:

  2016

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• book

  2017–18 SUPPLEMENT TO NATIONAL SECURITY LAW (6th ed. 2016) and COUNTERTERRORISM LAW (3d ed 2016)

  Authors:

  Stephen I. Vladeck, Stephen Dycus et al.

  2016

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• book

  National Security Law

  Authors:

  Stephen I. Vladeck, Stephen Dycus, William C. Banks, & Peter Raven-Hansen

  2016

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• book

  Counterterrorism Law

  Authors:

  Stephen I. Vladeck, Stephen Dycus, William C. Banks, & Peter Raven-Hansen

  2016

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• article

  Hillary Clinton and the Espionage Act

  Slate

  Authors:

  July 6, 2016

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• article

  Comey Is Right: Clinton's Conduct Was Careless, Not Criminal

  Authors:

  July 5, 2016

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• article

  Hillary Clinton's E-Mail Controversy Should Propel Congress to Fix Outdated Espionage Act

  New York Daily News

  Authors:

  July 5, 2016

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• article

  Three Points We Often Miss in Hillary Clinton's E-Mail Scandal

  Newsday

  Authors:

  March 21, 2016

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• article

  The Real Culprit in the Apple-FBI Encryption Dispute: Congress

  American Prospect

  Authors:

  March 9, 2016

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• article

  Room for Debate: Hillary Clinton's E-Mail Habits: Careless or Criminal?

  New York Times

  Authors:

  February 4, 2016

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• review

  The Perils of State Standing, Revisited

  Authors:

  February 2, 2016

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• article

  How to Get Congress and Obama to Agree on Closing Guantanamo

  Washington Post

  Authors:

  January 21, 2016

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• article

  War and Justiciability

  Suffolk Law Review

  Authors:

  2016

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• article

  A Teacher's Example

  Authors:

  2016

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• article

  Convicted Terrorists: Sentencing Considerations and Their Implications on Foreign Policy

  Journal of National Security Law & Policy

  Authors:

  2016

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• article

  Using the Supreme Court's Original Habeas Jurisdiction to "Ma[k]e" New Rules Retroactive

  Federal Sentencing Reporter

  Authors:

  2016

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• article

  Limit State Access to Federal Court

  New York Times

  Authors:

  December 22, 2015

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• article

  There Are Many, Many Legal Problems With Trump's Muslim Ban

  CNN.com

  Authors:

  December 8, 2015

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• article

  Petty Offenses and Article III

  Green Bag 2d

  Authors:

  2015

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• article

  Rights But No Remedies Overseas

  Daily Journal

  Authors:

  November 6, 2015

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• article

  The Exceptionalism of Foreign Relations Normalization

  Harvard Law Review Forum

  Authors:

  2015

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• article

  Military Courts and Article III

  Georgetown Law Journal

  Authors:

  2015

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• review

  The Keepers of the Federal Courts Canon

  Authors:

  September 22, 2015

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• article

  The Torture Report and the Accountability Gap

  Authors:

  Summer/Fall 2015

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• article

  Why an Aggressive Supreme Court is Good for the Separation of Powers

  Washington Times

  Authors:

  July 8, 2015

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• article

  Restoring What We Lost After 9/11

  MSNBC.com

  Authors:

  June 22, 2015

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• article

  The Unraveling Guantánamo Military Commissions

  MSNBC.com

  Authors:

  June 19, 2015

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• article

  Forget the Patriot Act—Here Are the Privacy Violations You Should Be Worried About

  Foreign Policy

  Authors:

  June 1, 2015

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• article

  Obama Doubles Down on Perpetual War

  MSNBC.com

  Authors:

  February 11, 2015

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• article

  Time to End Authorization for Endless War

  Reuters

  Authors:

  February 11, 2015

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• article

  The FISA Court and Article III

  Washington & Lee Law Review

  Authors:

  2015

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• contribution

  Treaty Power

  Authors:

  2015

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• contribution

  Detention and Interrogation in Law and War

  Authors:

  Stephen I. Vladeck, Clive Walker

  2015

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• contribution

  Hamdi v. Rumsfeld

  Authors:

  2015

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• article

  A New Paradigm of Leaking?

  Journal of National Security Law & Policy

  Authors:

  2015

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• article

  An Unhelpful Shift in Focus

  U.S. News & World Report

  Authors:

  December 15, 2014

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• article

  Military Courts and the All Writs Act

  Green Bag 2d

  Authors:

  2014

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• article

  Reaching a Consensus on a War Authorization

  Washington Post

  Authors:

  November 16, 2014

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• article

  After the AUMF

  Harvard National Security Journal

  Authors:

  Stephen I. Vladeck, Jennifer Daskal

  2014

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• review

  Appealing to Injustice

  Authors:

  October 28, 2014

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• article

  How Not To Go To War Against ISIS

  MSNBC.com

  Authors:

  August 28, 2014

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• article

  Guantánamo and the Erosion of Habeas Corpus

  MSNBC.com

  Authors:

  August 6, 2014

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• article

  Kidnapping Is Legally Dubious, But It's Also the Best Way to Get Terrorists

  Washington Post

  Authors:

  June 18, 2014

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• article

  Ending the 'War on Terror' Is Easier Than It Seems

  MSNBC.com

  Authors:

  May 23, 2014

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• article

  'Daoud' Highlights Shortcomings of Surveillance Act Interpretation

  National Law Journal

  Authors:

  June 23, 2014

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• article

  Room For Debate — Not All Foreign Policy Power Resides With the President

  New York Times

  Authors:

  April 22, 2014

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• article

  How to Get Out of Gitmo—Now

  MSNBC.com

  Authors:

  January 22, 2014

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• article

  Terrorism Persecutions and the Problem of Constitutional "Cross-Ruffing"

  Cardozo Law Review

  Authors:

  2014

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• article

  Big Data Before and After Snowden

  Journal of National Security Law & Policy

  Authors:

  2014

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• article

  Charting the Future: What to Expect from Big Data

  Journal of National Security Law & Policy

  Authors:

  2014

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• article

  Targeted Killing and Judicial Review

  George Washington Law Review Arguendo

  Authors:

  2014

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• article

  Detention After the AUMF

  Fordham Law Review

  Authors:

  2014

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• article

  Standing and Secret Surveillance

  I/S: Journal of Law & Policy for the Information Society

  Authors:

  2014

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• contribution

  Navigating the Shoals of Secrecy: A Comparative Analysis of the Use of Secret Evidence and "Cleared Counsel" in the United States, the United Kingdom, and Canada

  Authors:

  Stephen I. Vladeck, David Cole

  2014

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• article

  The Case for a FISA "Special Advocate"

  Authors:

  2014

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• contribution

  Prosecuting Leakers Under U.S. Law

  Authors:

  2014

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• article

  My Day at the NSA

  MSNBC.com

  Authors:

  December 17, 2013

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• article

  Pendent Appellate Bootstrapping

  Green Bag 2d

  Authors:

  2013

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• article

  Taking the "Meh" Out of Metadata

  Authors:

  Stephen I. Vladeck, Dahlia Lithwick

  November 22, 2013

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• article

  State Law, the Westfall Act, and the Nature of the Bivens Question

  Pennsylvania Law Review

  Authors:

  Stephen I. Vladeck, Carlos M. Vázquez

  2013

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• article

  The Best Evidence Yet That Government Surveillance Oversight is Nowhere Near Adequate

  Authors:

  October 31, 2013

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• article

  Unlawfully Detained by the U.S. Government? Don't Bother Suing

  The New Republic

  Authors:

  October 17, 2013

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• review

  The National Security Courts We Already Have

  Authors:

  September 23, 2013

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• article

  It's Time to Fix the FISA Court (the Way Congress Intended)

  MSNBC.com

  Authors:

  August 1, 2013

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• article

  A Reprieve for Warren Hill, But Not the Supreme Court

  MSNBC.com

  Authors:

  July 16, 2013

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• article

  Warren Less Hill's—and the Supreme Court's—Last Chance

  National Law Journal

  Authors:

  Stephen I. Vladeck, James Liebman

  July 11, 2013

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• article

  Snowden and the Lawlessness of Extradition Law

  Authors:

  July 10, 2013

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• article

  Don't Expand the War on Terror

  New York Times

  Authors:

  Stephen I. Vladeck, Jennifer Daskal

  May 15, 2013

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• article

  Habeas, Due Process, and Extradition

  Cornell Law Review Online

  Authors:

  2013

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• contribution

  Eisentrager's (Forgotten) Merits: Military Commissions and Collateral Review

  Authors:

  2013

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• contribution

  The Civilianization of Military Jurisdiction

  Authors:

  2013

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• contribution

  Exceptional Courts and the Structure of American Military Justice

  Authors:

  2013

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• article

  The New National Security Canon

  American University Law Review

  Authors:

  2012

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• review

  Federal Courts, State Courts, and Palmore

  Authors:

  October 26, 2012

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• article

  "It Has Happened!": On the First No Hitter in Mets History

  BuzzFeed

  Authors:

  June 2, 2012

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• review

  Democratic Competence, Constitutional Disorder, and the Freedom of the Press

  Washington Law Review

  Authors:

  2012

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• article

  Access to Counsel, Res Judicata, and the Future of Habeas at Guantánamo

  University of Pennsylvania Law Review PENNumbra

  Authors:

  2012

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• article

  Insular Thinking About Habeas

  Iowa Law Review Bulletin

  Authors:

  2012

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• article

  Douglas and the Fate of Ex Parte Young

  Authors:

  2012

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• contribution

  Justice Jackson, the Memory of Internment, and the Rule of Law After the Bush Administration

  Authors:

  2012

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• contribution

  Detention Policies

  Authors:

  Stephen I. Vladeck, Gregory F. Jacob

  2012

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• article

  States' Rights and State Standing

  University of Richmond Law Review

  Authors:

  2012

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• article

  The Passive-Aggressive Virtues

  Columbia Law Review Sidebar

  Authors:

  2011

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• review

  Judicial Specialization and the Functional Case for Non-Article III Courts

  Authors:

  November 4, 2011

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• article

  Killing Medicaid the California Way

  New York Times,

  Authors:

  Stephen I. Vladeck, Bruce C. Vladeck

  October 14, 2011

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• review

  The Rights of the People: How Our Search for Safety Invades Our Liberties, by David K. Shipler

  Authors:

  May 20, 2011

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• article

  The Supreme Court, the War on Terrorism, and the Separation of Powers

  Authors:

  2011

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• article

  The D.C. Circuit After Boumediene

  Seton Hall Law Review

  Authors:

  2011

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• review

  The New Habeas Revisionism

  Harvard Law Review

  Authors:

  2011

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• article

  Why Klein Still Matters: Congressional Deception and the War on Terrorism

  Journal of National Security Law & Policy

  Authors:

  2011

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• article

  The Supreme Court, Original Habeas, and the Paradoxical Virtue of Obscurity

  Virginia Law Review In Brief

  Authors:

  2011

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• article

  Normalizing Guantánamo

  American Criminal Law Review

  Authors:

  2011

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• article

  Bivens Remedies and the Myth of the "Heady Days"

  Authors:

  2011

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• article

  Room for Debate: Closer to Guilt By Association

  New York Times

  Authors:

  June 21, 2010

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• article

  The Laws of War as a Constitutional Limit on Military Jurisdiction

  Journal of National Security Law & Policy

  Authors:

  2010

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• article

  Terrorism Trials and the Article III Courts After Abu Ali

  Texas Law Review

  Authors:

  2010

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• article

  Terrorism and International Criminal Law After the Military Commissions Acts

  Santa Clara Journal of International Law

  Authors:

  2010

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• article

  Common-Law Habeas and the Separation of Powers

  Iowa Law Review Bulletin

  Authors:

  2010

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• article

  State Sovereign Immunity and the Roberts Court

  Charleston Law Review

  Authors:

  2010

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• article

  Trying Terrorists in Article III Courts: The Lessons of United States v. Abu Ali

  Authors:

  2010

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• article

  Foreword: National Security's Distortion Effects

  Western New England Law Review

  Authors:

  2010

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• article

  The Unreviewable Executive: Kiyemba, Maqaleh, and the Obama Administration

  Constitutional Commentary

  Authors:

  2010

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• contribution

  Clay v. United States

  Authors:

  2010

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• article

  Is "National Security Law" Inherently Paradoxical?

  Authors:

  2010

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• article

  Prosecute Terrorism Suspects, Not Their Lawyers

  Authors:

  2010

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• article

  National Security and Bivens After Iqbal

  Lewis & Clark Law Review

  Authors:

  2010

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• article

  Boumediene's Quiet Theory: Access to Courts and the Separation of Powers

  Notre Dame Law Review

  Authors:

  2009

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• contribution

  The Supremacy Clause

  The Oxford International Encyclopedia of Legal History

  Authors:

  2009

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• article

  The Problem of Jurisdictional Non-Precedent

  Tulsa Law Review

  Authors:

  2009

  Links for this publication:

• review

  The Long War, the Federal Courts, and the Necessity / Legality Paradox

  University of Richmond Law Review

  Authors:

  2009

  Links for this publication:

• article

  The Case Against National Security Courts

  Willamette Law Review

  Authors:

  2009

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• article

  AEDPA, Saucier, and the Stronger Case for Rule-First Constitutional Adjudication

  Seattle University Law Review

  Authors:

  2009

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• article

  Reflecting on Boumediene: The Substance of Habeas and the Futility of Exhaustion

  Authors:

  June 1, 2008

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• article

  Habeas Corpus, U.S. Citizens, and Iraq

  Authors:

  April 1, 2008

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• contribution

  Rumsfeld v. Padilla, 542 U.S. 426 (2004)

  Authors:

  2008

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• article

  Foreword and Ten Questions

  Authors:

  2008

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• article

  A Critique of "National Security Courts"

  Authors:

  2008

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• article

  Introductory Note to United States Supreme Court: Munaf v. Geren

  International Legal Materials

  Authors:

  2008

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• article

  The Calling Forth Clause and the Domestic Commander-in-Chief

  Cardozo Law Review

  Authors:

  2008

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• article

  The Suspension Clause as a Structural Right

  University of Miami Law Review

  Authors:

  2008

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• article

  The Espionage Act and National Security Whistleblowing After Garcetti

  American University Law Review

  Authors:

  2008

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• article

  On Jurisdictional Elephants and Kangaroo Courts

  Northwestern University Law Review Colloquy

  Authors:

  2008

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• article

  Rethinking the Prize Cases: Some Remarks in Response to Professor Lee

  St. Louis University Law Journal

  Authors:

  2008

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• article

  Foreign Affairs Originalism in Youngstown's Shadow

  St. Louis University Law Journal

  Authors:

  2008

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• article

  Habeas Corpus, Alternative Remedies, and the Myth of Swain v. Pressley

  Roger Williams University Law Review

  Authors:

  2008

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• article

  Military Jurisdiction, the Right Not to be Tried, and the Suspension Clause After Boumediene

  Authors:

  2008

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• article

  Opposing the Terrorist Expatriation Act

  Authors:

  2008

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• article

  The Riddle of the One-Way Ratchet: Habeas Corpus and the District of Columbia

  Green Bag 2d

  Authors:

  2008

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• article

  The Lost Padilla Verdict

  L.A. Times

  Authors:

  August 17, 2007

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• article

  The Anticlimactic Trial of Jose Padilla

  Jurist

  Authors:

  May 15, 2007

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• article

  Deconstructing Hirota: Habeas Corpus, Citizenship, and Article III

  Georgetown Law Journal

  Authors:

  2007

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• article

  Inchoate Liability and the Espionage Act: The Statutory Framework and the Freedom of the Press

  Harvard Law & Policy Review

  Authors:

  2007

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• article

  The Increasingly "Unflagging Obligation": Federal Jurisdiction After Saudi Basic and Anna Nicole

  Tulsa Law Review

  Authors:

  2007

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• article

  Enemy Aliens, Enemy Property, and Access to the Courts

  Lewis & Clark Law Review

  Authors:

  2007

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• article

  The Law Reviews vs. the Courts: Two Thoughts from the Ivory Tower

  Connecticut Law Review CONNtemplations

  Authors:

  2007

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• article

  The Field Theory: Martial Law, the Suspension Power, and the Insurrection Act

  Temple Law Review

  Authors:

  2007

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• article

  Due Process & Terrorism: A Workshop Report

  Authors:

  2007

  Links for this publication:

• contribution

  The Statutory Framework

  Authors:

  2007

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• article

  Congress, the Commander-in-Chief, and the Separation of Powers After Hamdan

  Transnational Law & Contemporary Problems

  Authors:

  2007

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• article

  Rights Without Remedies: The Newfound National Security Exception to Bivens

  Authors:

  July 1, 2006

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• article

  AUMF and the Ever-Increasing Importance of Padilla

  Jurist

  Authors:

  January 17, 2006

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• article

  That's So Six Months Ago: Challenges to Student Scholarship in the Age of Blogging

  Yale Law Journal Pocket Part

  Authors:

  2006

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• article

  Ludecke's Lengthening Shadow: The Disturbing Prospect of War Without End

  Journal of National Security Law & Policy

  Authors:

  2006

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• article

  Indonesian Human Rights Abuses in West Papua: Application of the Law of Genocide to the History of Indonesian Control

  Authors:

  Stephen I. Vladeck, Elizabeth Brundige

  2006

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• contribution

  The Statutory Framework

  Authors:

  2006

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• article

  Charging Padilla: Mootness and Chief Justice Rehnquist

  Jurist

  Authors:

  November 23, 2005

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• article

  Jose Padilla and the Milligan Problem

  Jurist

  Authors:

  October 27, 2005

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• article

  Emergency Power and the Militia Acts

  Yale Law Journal

  Authors:

  2004

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• article

  The Detention Power

  Yale Law & Policy Review

  Authors:

  2004

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• article

  Non-Self-Executing Treaties and the Suspension Clause After St. Cyr

  Yale Law Journal

  Authors:

  2004

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• review

  Eyewitness to a Genocide: The United Nations and Rwanda, by Michael Barrett

  Authors:

  2003

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• article

  A Small Problem of Precedent: 18 U.S.C. § 4001(a) and the Detention of U.S. Citizen "Enemy Combatants"

  Yale Law Journal

  Authors:

  2003

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• review

  The Rehnquist Court: Judicial Activism on the Right, by Herman Schwartz, ed.

  Authors:

  2003

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• article

  A Year of Loss: Reexamining Civil Liberties Since Sept. 11

  Authors:

  Stephen I. Vladeck, Fiona Doherty

  2002

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• review

  International Criminal Law, by Kriangsak Kittichaisaree

  Authors:

  2002

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