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Yesterday’s HASC Committee Hearing (video here) on the Bergdahl swap was pretty eventful. At least two important legal issues were discussed: the legality of not notifying Congress about the swap, and t...
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Among the issues separating the American understanding of international law regarding transnational non-state actor armed groups from that of the "international community" (or at least an influential and...
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In the last month, the South China Sea dispute has heated up again – China has parked an oil rig off Vietnam’s coast, prompting anti-Chinese riots across Vietnam; a Vietnamese ship sank after being ramme...
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Political science graduate students Andrea Gilli (European Union Institute, Florence) and Mauro Gilli (Northwestern University, Evanston) have posted a new and provocative paper to SSRN--"The Diffusion o...
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Most discussion of economic and financial sanctions focuses naturally on the imposition of them. As Peter Feaver and Eric Lorber point out in a new Foreign Affairs article, an equally important strategic...
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The Supreme Court had the opportunity in Bond v. United States to tackle constitutional questions about the scope of the Treaty Power and the Necessary & Proper Clause, but the six-justice majority decli...
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Editor’s Note: Countering violent extremism (CVE) is as necessary for fighting terrorism as it is challenging. Both in concept and in practice, CVE programs are difficult to execute: radicalization remai...
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A few weeks ago, Ben posted some comments about a Der Spiegel article that suggested the tensions between the United States and Germany were likely to die down. Not so fast, it appears. Germany’s top pro...
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President Obama complained yesterday that Sergeant Bergdahl is “not a political football.” That should be true, but unfortunately President Obama is responsible for kicking off the football game by ann...
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I laughed when I heard former Vice-President Cheney on the Laura Ingraham show (approximately the 8:15-9:10 mark) criticizing President Obama for not notifying Congress under Section 1035 of the 2014 NDA...
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The Obama Administration has backed away from its suggestions over the weekend that it failed to comply with the notice requirement in Section 1035 of the 2014 NDAA on constitutional grounds.
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This time it's Ghaleb Nassar Al Bihani, about whom a Periodic Review Board found last week:
The Periodic Review Board, by consensus, determined continued law of war detention of the detainee is no longer...