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Although the United States will often urge the claimants to resolve the South China Sea dispute in accordance with “international law” writ broadly, the conflict is governed in reality by a number of dif...
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On June 5, 2015, in connection with recent motions practice, attorneys for habeas petitioner Mukhtar Yahia Naji al Warafi filed a supplemental memorandum with the U.S. District Court for the District of ...
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According to the Pentagon, Iraqi security forces have demonstrated progress in their efforts to maintain control of the oil refinery outside the northern Iraqi city of Baiji. The Wall Street Journal repo...
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The United States is in the midst of a transition that will, when completed, give up its contractual control of the Internet Assigned Numbers Authority (IANA). That authority is currently conducted by t...
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It was a little dizzying this morning to read the NYT editorial board's full-throated endorsement of the Court’s decision in Zivotofsky.
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Last year the Supreme Court, seized with a big constitutional question about foreign relations, feinted: Bond v. United States turned on rules of statutory interpretation rather than the constitutional b...
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A kerfuffle broke out here at Lawfare last week over the significance of the new tranche of Snowden-procured documents released on Thursday.
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Welcome to the first episode of the Jihadolgy podcast!
The first part of this episode covers primary sources released between May 10th - June 1st:
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In his famous Youngstown concurrence, Justice Jackson began by reflecting that:
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In a special operations raid last month targeting a key ISIL figure in Syria, U.S. forces came away with that rarest of things: a prisoner. Abu Sayyaf's wife, Umm Sayyaf, was taken into custody during t...
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A small outcropping of sand occasionally breaks the vast expanse of the South China Sea. These islands are modest, even diminutive, but they form the core of a fierce territorial dispute among six primar...
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The Supreme Court in Zivotofksy held that the President can disregard a statute that requires him to designate “Israel” on passports of U.S. citizens born in Jerusalem because the statute (Section 214 of...
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President Recep Tayyip Erdogan was dealt a historic blow in yesterday’s Turkish parliamentary elections. Erdogan had hoped to solidify his overwhelming parliamentary elections and pass constitutional ref...
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53 Columbia Journal of Transnational Law No. 3, p. 507 (2015). Available on SSRN.
The status of covert activities by a government in international law is an under-discussed topic in legal scholarship, e...
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This weekend the New York Times ran a lengthy piece about SEAL Team 6, with the dramatic subtitle “A Secret History of Quiet Killings and Blurred Lines: The unit best known for killing Osama bin Laden ha...
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The OPM intrusion has grave implications for the personally identifiable information of the four million present and former employees whose data was compromised. As this post on Hacking as Offensive Cou...
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One thing I love about the various annual authorization bills is that they often contain very interesting but little-noticed provisions. The Intelligence Authorization Act for Fiscal Year 2016, which HP...
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The decision in Zivotofsky v. Kerry, a blockbuster foreign policy-related Supreme Court case that many of us have been watching carefully, was just released: The DC Circuit is affirmed. The President hol...
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Senator Whitehouse's thoughtful commentary on "Why Americans Hate Government Surveillance but Tolerate Corporate Data Aggregators" deserves consideration by everyone -- he asserts that corporate interest...
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The Greek word "omphalos" designates the center of the world, a spot usually containing some sort of stone. The ancient Greeks believed the omphalos to lie in Delphi. For many Christians and Jews, it lie...