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Like my colleagues Ben and Wells, I'm astonished to learn this evening that the Obama administration, having previously justified 140+ airstrikes against IS in Iraq on Article II grounds alone (at least ...
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What Ben said.
I certainly can see why the executive branch would want to adopt a reading as aggressive as this one: it nips some War Powers Resolution questions in the bud, and helps to make it more l...
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Here's President Obama coyly not asking Congress to dance---that is, as I put it in my post earlier today, "signal[ing] that [he] would like to dance with Congress—saying [he] will consult with her, that...
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Watch it here live:
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Loyal Lawfarers: next Monday, September 15th at 2:00 pm, Brookings will host an event titled "The Future of Civilian Robotics." Ben will host a conversation between Wells, John Villasenor, and Gregory Mc...
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The UN Report blog has posted a draft of the United States resolution to the UN Security Council on foreign terrorist fighters (FTFs) that was teased in yesterday a Reuters story.
We'll have an analysis...
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Interested in the legal and policy architecture relating to the high seas interdiction of ships possibly bearing WMD material? Me too! The Proliferation Security Initiative, was a somewhat hot topic abou...
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Tonight, in an address to the nation at 9 PM EST, President Obama will outline his strategy to confront the Islamic State. The New York Times quotes senior administration officials, who say the President...
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The event is scheduled begin at 1:00 PM Eastern time.
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The boy and the girl are clearly smitten with one another. They both want to dance; he badly wants to ask her, and she wants to be asked. But neither is sure exactly what the other wants. He's not sure s...
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U.S. District Judge Marcia Cooke has re-sentenced Jose Padilla to 21 years in prison for his 2007 conviction for conspiracy to murder, kidnap, and main individuals in a foreign country; conspiracy to pr...
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That's the title of an hour-long panel discussion which will be held at noon on September 25, and hosted by the Heritage Foundation's Cully Stimson. He'll be joined by Dechert's Steve Bradbury, and our...
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Kevin Heller and I have been debating whether the CIA drone strike targeting Anwar al-Aulaqi violated 18 USC 1119, which makes it a felony to kill American citizens overseas (to be clear, our exchange ha...
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According to this story in the Post, an unidentified administration official--maybe the President, maybe not--has raised the possibility that the plans for a ramped-up campaign against IS will not need f...
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While Congressional leadership may be hesitant to take up a vote authorizing the president to use military force in Iraq and/or Syria against ISIS in the coming weeks, we've seen several different author...
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Our guest this week is Orin Kerr, professor of law at George Washington University and well-known scholar in computer crime law and internet surveillance. Orin is our second return guest, and he demonst...
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The Iraqi parliament has approved a new cabinet to be led by Prime Minister Haider al-Abadi, the New York Times reports. However, lawmakers left what are perhaps the two most important positions for coun...
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Yesterday the President sent his seventh Iraq-related War Powers Resolution (WPR) letter since June, and the fourth in about a month. The new letter concerns U.S.
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The newest installment in the Transatlantic Dialogue series (see here) has gone live at EJIL:Talk!. It is from Sarah Cleveland, and it explains the Project on Harmonizing Standards for Armed Conflict. A ...
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This is a pretty interesting document: A 1944 memo from Herbert Weschler, then assistant attorney general, outlining the U.S. government's developing view of conspiracy as a war crime.