We have an essay at Time.com that begins: Tomorrow is the fifteenth anniversary of the beginning of the longest armed conflict in American history. But another significant anniversary in the “Forever ...

Captain Smith’s brief opposing the Government’s Motion to Dismiss.

Two broad themes emerge when viewing 20th century national security history through a military capability lens: (1) Deterrence works and (2) Competitors adapt. This second phenomenon requires that the US...

We have a new piece in The Washington Quarterly, titled “The Legal Legacy of Light-Footprint Warfare.” President Obama’s approach to military intervention has generally emphasized stealthy and often long...

As Jack noted earlier this morning, Lawfare's Alex Loomis has a fascinating new paper up on SSRN (for the moment, anyway) about the scope of Congress's Article I power to "define and punish . . .

The government has just filed its brief responding to Captain Smith’s challenge to the president’s unilateral war against ISIS. The government’s lengthy brief cites more than eighty judicial decisions, b...

As the Obama administration approaches its end, it is interesting to watch former Obama administration officials debate and disagree about its legal legacy. The most recent episode came in response to th...

Editor's Note: This piece also appears on the Power Wars blog and Just Security.

It was a few years ago, on a panel at American University’s Washington College of Law, that I heard Brad Berenson—who served in the White House Counsel’s office under President Bush—make an arresting sta...

Three years ago today, The Guardian published the first story based on the huge archive of documents that that Edward Snowden stole from the National Security Agency while working as an NSA contractor. ...

I’ve read the Vice News report based on the FOIA-released documents three times now, and still do not see within it support for the headline, “Exclusive: Snowden Tried to Tell NSA About Surveillance Conc...