Latest in Executive Branch
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Important New Oversight Legislation for Military Kill/Capture Outside Afghanistan
Big news out of the House Armed Services Committee: Representative Mac Thornberry (a graduate of the University of Texas School of Law, I proudly note) is going to introduce a bill enhancing oversight of... -
Harold Koh Identifies a Big Difference Between the Bush and Obama Administrations
From Harold Koh's speech to the Oxford Union yesterday: A third critical difference between this Administration and its predecessor is the Obama Administration’s determination not to address Al Qaeda and... -
Look Who Has Discovered Inherent Presidential Powers
Hmmmm. From Harold Koh's speech to the Oxford Union: Congressional transfer restrictions with respect to Guantanamo detainees "must be construed in light of the President’s authority as commander-in chi... -
Bradley & Goldsmith Supplement for Foreign Relations Law
Curtis Bradley and I have a casebook on foreign relations law that includes a heavy dose of national security law (including chapters on covert action and targeted killing) that might be of interest to L... -
A Quick Guide to the Lawfare Debate Over a New AUMF
As Andrew Rosenthal noted in yesterday's New York Times, things seem to be heating up in Congress with respect to whether--and to what extent--the September 2001 Authorization for Use of Military Force (... -
Harold Koh's Speech at the Oxford Union
Earlier today, former State Department Legal Adviser Harold Koh gave a talk at the Oxford Union, entitled "How to End the Forever War?" His remarks begin as follows: Thank you, Mr. President and Members... -
Military Jurisdiction Over Civilians: Why the Supreme Court Should Grant Cert. in <em>Ali</em>
Next Thursday, the Supreme Court will decide whether or not to grant certiorari in United States v. Ali--the case in which the highest court in the military justice system, the Court of Appeals for the A... -
Mali, the Way of the Knife, and Working "By, With, and Through" Others
While we are on the subject of Mark Mazzetti’s The Way of the Knife, and for that matter while we are speaking of Mali, check out this Washington Post report on U.S. -
CAAF Rejects Jurisdiction Over Bradley Manning Court-Martial Public Access Claims
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Lashkar-e-Taiba as an "Associated Force" Engaged in Hostilities Against the US and Its Allies
For those who wish to understand the organizational boundaries of the AUMF these days, Lashkar-e-Taiba provides an interesting and important test case. Grist for the mill is found in this piece in Long ... -
A Guide to Appellate and Collateral Review Under the Military Commissions Acts
As the recent decisions by the Court of Military Commission Review (CMCR) in the Guantánamo military commission ACLU/media access cases suggests, there are a host of complicated and heretofore unresolved... -
Carter and Pearlstein on Prosecution and Counterterrorism (and the Question of Denied Areas)
Philip Carter and Deborah Pearlstein have posted a thoughtful essay at Foreign Policy that emphasizes the utility of civilian criminal prosecution as a counterterrorism option. I very much agree with th...
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