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Databuse and a Trusteeship Model of Consumer Protection in the Big Data Era

Coauthored with Wells C. Bennett How much does the relationship between individuals and the companies in which they entrust their data depend on the concept of “privacy?” And how much does the idea of privacy really tell us about what the government does, or ought to do, in seeking to shield consumers from Big Data […]

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Tools and Tradeoffs: Confronting U.S. Citizen Terrorist Suspects Abroad

Coauthored with Daniel Byman By its very name, the Hellfire missile promises to visit Biblical wrath upon those on its receiving end. On September 30, 2011, it delivered just that to Anwar Awlaki, the U.S.-born preacher and an operational leader of Al Qaeda in the Arabian Peninsula (AQAP), who had plotted repeated attacks from his […]

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How Far Did Roberts Really Stray?

Brookings Institution, June 28, 2012 It was always easier to count to five for an opinion upholding the Affordable Care Act than for one striking it down. In order to strike it down, all five of the high court’s conservatives would have to be rock-solid, they would have to stand together on everything. If one […]

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ConText: An Experiment in Crowd-Sourced Commentary

Brookings Institution, March 16, 2012 What do the Constitutional Convention, the Talmud, and Wikipedia have in common? That’s the question behind a new project Brookings has launched in partnership with the Center for the Constitution at James Madison’s Montpelier. The project, about which I am deeply excited, is at one level an attempt to bring […]

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John Brennan’s Remarks on the Obama Administration’s Policy on Combating Terrorism

Brookings Institution, September 26, 2011 On September 16, 2011, President Obama’s chief counterterrorism advisor, John O. Brennan, told conferees in a keynote address at the Harvard Law School-Brookings conference (part of the new Harvard Law School-Brookings Project on Law and Security) that the United States must not let down its guard in fighting terrorist organizations […]

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Assessing the Risk of Guantánamo Detainees

Brookings Institution, April 25, 2011 The press has discovered that it is shocked that America is releasing dangerous people from Guantánamo Bay. The New York Times reports, based on a new cache of Wikileaks documents, that Guantánamo detainees classified as low risk had turned out to be major terrorists, and that detainees classified as “high […]

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Can President Obama and Congressional Republicans Reach a Deal on Guantánamo?

Brookings Institution, March 10, 2011 Is there a deal to be done between President Obama and congressional Republicans on Guantánamo? On the surface, the prospects don’t look good. Congress has slapped a series of impediments on detainee transfers from the base. In issuing his Executive Order to create a review process for Guantánamo detainees this […]

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Time for Obama to Embrace Guantanamo

Brookings Institution, January 21, 2011 It is now two years since Barack Obama promised to close the detention facility at Guantanamo Bay within one year. It is one year since he missed his self-imposed deadline. And as he has no prospect of fulfilling his promise, it is almost certainly one year before he faces his […]

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Commission or Court for Khalid Sheik Mohammed? Yes

Brookings Institution, October 29, 2010 Here’s a simple proposal to break the impasse over how to proceed against Khalid Sheik Mohammed and his colleagues: Press charges in both military commissions and in federal court. Call it the John Allen Muhammad model.

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A Guantánamo Bay Habeas Corpus Case on Constitution Day

Brookings Institution, September 17, 2010 Today, to celebrate Constitution Day, I wandered down to the D.C. Circuit Court of Appeals to listen to oral arguments in a Guantánamo Bay habeas corpus case. Okay, I admit, I didn’t exactly go to celebrate Constitution Day. I went because the court was hearing a case in which I […]

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The Scouting Report Web Chat: President Obama’s Progress on Closing Guantánamo

Brookings Institution, December 2, 2009 The decision to try accused 9/11 mastermind Khalid Sheikh Mohammed and his co-conspirators in New York has brought renewed attention to the thorny problem of how to deal with the detainees at Guantánamo Bay. The announcement followed the Obama administration’s admission that it will not meet its self-imposed January 22, […]

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