Latest in Executive Branch
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President Obama's Letter to Congress Regarding Libya (and the War Powers Resolution)
On Friday, the New York Times published the text of President Obama's letter to Congress, regarding the use of force in Libya. (Over at Opinio Juris, Peter Spiro has posted a discussion of the letter'... -
State Secrets and Today's Supreme Court Decision in General Dynamics Corp. v. United States
The Supreme Court today issued a unanimous opinion in General Dynamics Corp. v. -
Is There Any Law in the Law of War Powers?
There is much discussion today about the apparent decision of the Obama Administration to ignore the provision in the War Powers Resolution that requires that the President either terminate the use of mi... -
Ackerman and Hathaway on the Expiration of the WPR's 60-day Time Clock
In yesterday's Washington Post, Professors Bruce Ackerman and Oona Hathaway editorialized about the "Death of the War Powers Act." Their piece is provocative, in part because it suggests that the execut... -
Do the Laws of War Speak Clearly Enough on "Continuous Combat Function" To Justify a Narrow Reading of the AUMF?
A few comments on Toffiq al-Bihani’s cert. petition, which Larkin just posted. First, I am surprised by al-Bihani’s first argument. He contends that the D.C. Circuit’s January 2010 decision in al-Bihan... -
Cert Denied in State Secrets/Rendition Case
The Supreme Court denied cert this morning in Mohamed v. Jeppesen Dataplan, leaving in place the Ninth Circuit’s en banc opinion affirming dismissal of a civil suit (relating to rendition) on state secre... -
Adjusting Operations in Libya to Suit the WPR Clock
Charlie Savage has the goods this morning regarding the administration's potential responses to the looming expiration of the 60-day WPR clock in connection with the war in Libya. It's a must-read piece... -
The WPR, the Clock, and "Deferring to NATO": What Did Senator Kerry Mean?
Josh Rogin reports a cryptic comment from Senators Kerry and McCain with respect to the looming expiration of the WPR's 60-day clock. Here is Kerry: "I'm not hearing from my colleagues that they feel the... -
Tick, Tock....Libya, the FY12 NDA Bill, and the Looming War Powers Resolution Deadline
As we’ve noted on this blog previously (here and here), continued U.S. -
Wikileaks and the Rule of Law at GTMO: A Roundtable Discussion at Foreign Policy
Last week, amidst the flurry of interest occasioned by the wikileaks disclosure of GTMO detainee assessment documents, I was asked to join a group of folks offering opinions on the matter for Foreign Pol... -
It Does Seem Odd...
...that every non-government employee in the world can discuss what the Wikileaked documents say about Guantanamo detainees except their own habeas counsel--who remain gagged as a consequence of their ob... -
Lowering the Domestic Political Cost of Humanitarian Intervention
I have recently blogged about two issues: whether congressional authorization is required as a constitutional matter for U.S.
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