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Military Appeals in the Supreme Court: The NACDL Amicus Brief in <em>Behenna</em>
While some other stuff was going on yesterday, my friend Lindsay Harrison at Jenner & Block and I filed an amicus brief on behalf of the National Association of Criminal Defense Lawyers and in support of... -
A Statutory Framework for Next-Generation Threats
Several years ago, in a prescient op-ed in the Washington Post, our colleague John Bellinger argued that the September 2001 AUMF was an increasingly poor fit for the evolving threats facing the United St... -
New Reports from CRS
Here are two new studies coming from the Congressional Research Service (h/t Federation of American Scientists' Secrecy News) that may be of interest to Lawfare readers. -
Readings: David Pozen on "The Leaky Leviathan: Why the Government Condemns and Condones Unlawful Disclosures of Information"
I'm not a big fan of the law review article as a form. But every now and then, one comes along that is genuinely important, that sheds new and interesting light on an important issue, that cuts through t... -
February 27 House Judiciary Hearing on "Drones and the War on Terror"
For those who can't get in to the Supreme Court oral argument in Shelby County v. Holder, and who aren't otherwise enticed by the Journal of National Security Law & Policy's inaugural symposium, "Swimmin... -
Why a "Drone Court" Won't Work--But (Nominal) Damages Might...
There's been a fair amount of buzz over the past few days centered around the idea of a statutory "drone court"--a tribunal modeled after the Foreign Intelligence Surveillance Court (FISC) that would (pr... -
AQIM and the Idea of a "Threat to the Homeland" Test
As is now familiar to everyone, rather difficult questions arise when we discuss the scope of the AUMF, the current scope of "al Qaeda," the meaning of "associated forces," and the circumstances under wh... -
Hoover Task Force Short Essay #4: "Executive-Congressional Relations and National Security"
The fourth installment in the Hoover Institution’s series of short essays on national security challenges for the Obama administration’s second term is now out. -
How the Rules Changed on Women in Combat---A Legislative and Executive History Primer
To considerable fanfare, departing Defense Secretary Leon Panetta and Joint Chiefs Chairman Gen. Martin Dempsey announced this week the decision to lift the ban on woman serving in combat units. -
A Guide to Legal Issues Raised by the Expanding Conflict in Mali
What is the United States actually doing so far, and what else reportedly is on the table? 1. So far we have agreed to provide airlift support to the French, on their dime. That is, France is going to p... -
Update on the Bradley Manning Case
Last week saw several new developments in the Bradley Manning case. Prosecutors announced on Wednesday that they intend to offer evidence that Osama bin Laden received some of the classified information ... -
President Obama Signs the NDAA 2013
Told you so. President Obama has signed this year's NDAA--along with a meek kind of signing (whining?) statement. Here is the statement's discussion of the detention-related provisions--an account of whi...
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