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Over the past several months, North Korea’s hostile rhetoric and its repeated nuclear and missile tests have led to calls for action against the threats posed by its regime.
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Earlier this month, Quinta Jurecic noted a suit filed by the nonprofit Protect Democracy under the Freedom of Information Act (FOIA) to obtain the Trump administration’s legal justification behind U.S. a...
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In the early hours of Saturday morning, an Iranian unmanned aerial vehicle entered Israeli airspace close to the Syrian border. Israel shot down the UAV and responded by attacking the command vehicle, de...
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The military commission trying alleged al-Qaeda commander Abd al-Hadi al-Iraqi reconvened from Jan. 30 to Feb. 6, after a break in proceedings since July due to al-Hadi’s serious medical issues. This is ...
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In May 2017, the nonprofit Protect Democracy filed suit under the Freedom of Information Act to obtain the Trump administration's legal justification behind the U.S. airstrikes in Syria during April of t...
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This past week, the military commission in United States v. al-Nashiri reconvened in open session for the first time since November, with open sessions on Jan. 19 and 22.
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PDF Version
A review of Noah Feldman’s “The Three Lives of James Madison,” (Random House, 2017).
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The first two essays of this three-part series on Noah Feldman’s “The Three Lives of James Madison” discussed Madison’s theory of war powers and some of its failure or adaptation in practice. This last e...
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The first essay in this three-part series about Noah Feldman’s “The Three Lives of James Madison” discussed how Madison’s theory of war powers was focused heavily on internal dangers to liberty and repub...
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On Tuesday, I wrote about the constitutional* question raised the government’s interest in transferring John Doe—a dual Saudi-U.S. citizen in U.S. military custody in Iraq—to another state. The American ...
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I have long believed two things about constitutional war powers, which my reading of Noah Feldman’s “The Three Lives of James Madison” largely confirmed. First, James Madison was brilliant and prescient ...
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Judge Tanya Chutkan of the U.S. District Court for the District of Columbia issued a ruling in Doe v. Mattis on January 23, declining to further enjoin the government from transferring Doe out of U.S. cu...