Great information, and a good analysis of the article.

A couple of notes:

1. I'm only about 5 pages through the 44 of the the "kill-lawyers.pdf", but so far I highly recommend it. It talks (so far) about the narrow confines in which targeted killings operate, and how the US can protect those borders (and perhaps expand them). I think that it somewhat takes the dual jurisdiction approach, at least thus far in the analysis, as it talks about staking out a legal theory both in and outside the realms of IHL. Specifically, there's an interesting section on the role of Congress, and making targeted killing the official international stance of the United States. This leads back into the IISS article.

2. While the proposed review process (especially the role of the special court) largely eviscerates the efficacy of targeted killing (not to mention that the characteristics and limited window of targeted killing distinguish it significantly from FISA), I thought that the article made a good point about making a public case for targeted killing from the US international pulpit. Again, perhaps the review system doesn't need such onerous oversight for the appearance of legitimacy, but I think it would help if the government (namely Obama) got up there and set out the rationale for targeted killing - the need, practicality, strategic necessity, legality, and morality.

3. Your constitutional arguments are well-based. I've taken Con Law, and I'm familiar with the case or controversy requirement. With that being said, why isn't the FISA court unconstitutional on the same grounds (3)? It's certainly not adversarial, and I think it fits the textbook definition of an advisory opinion. (2) FISA jurisdiction (domestic) is fine, but (1) is unclear in respect to the FISA court. Off topic, but confusing to me none the less! Perhaps it just hasn't been challenged?