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The following is a guest post from Peter Margulies (Roger Williams Law), reporting highlights from the Naval War College's International Law Conference 2011 ("Non-International Armed Conflict in the 21st...
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Well, this is going to be interesting, and probably more than a little tense. State Department Legal Advisor Harold Koh will testify tomorrow morning, at 10 eastern (in theory), before the Senate Foreig...
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Habeas lawyer David Remes writes in with the following comments on the transfer provisions of both the House and Senate NDAA language:
From my standpoint as a Guantánamo habeas lawyer, the detainee tran...
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Columbia law professor Trevor Morrison sent the following email over the weekend concerning one of my posts on the Senate NDAA language. In essence, Trevor suggests that I am over-reading the provision, ...
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My second thought about the Senate NDAA detainee language concerns Section 1036, which establishes procedures for the status determinations of those held as enemy belligerents for "long-term detention" a...
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The Senate's NDAA language on detainee matters, about which I have previously written here and here, is now available. I have two additional thoughts on the Senate language--the first of which I will lay...
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First, my thanks to Ben, Jack, and Bobby for permitting me to become an affiliated blogger on this terrific site.
We are likely soon to get a test of how seriously Congress takes all of the War Powers R...
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Columbia law professor Trevor Morrison has a new essay, posted at SSRN, entitled "Libya, 'Hostilities,' the Office of Legal Counsel, and the Process of Executive Branch Legal Interpretation." Among other...
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Charles Krauthammer today argues for “a new constitutional understanding, mutually agreed to by both political branches, that translates the war-declaration power into a more modern equivalent.” I usual...
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Politico's Josh Gerstein is reporting:
A move by House Republicans to reauthorize the war on terror is unwise because it could foster perceptions that the U.S.
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I promised earlier this week to explore the differences between the House and Senate language in their respective versions of the National Defense Authorization Act concerning retrictions on transfers of...
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Last Friday I speculated on why Legal Advisor Harold Koh, a leading academic critic of presidential war unilateralism, supported President Obama’s constitutional arguments for the Libya intervention, as ...