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Last Monday Harvard Law School conferred its medal of freedom on one of its graduates, General Mark Martins, Commander of the Rule of Law Field Force -Afghanistan. The Harvard National Security Journal ...
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We at Duke University are initiating a year-long project in which a number of us will be considering and discussing the relationship between law and custom. In connection with that project, I have star...
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Every summer the International Law Department of the Naval War College puts on a don’t-miss IHL conference (here are the videos from last summer's event). This year’s event will focus on IHL in the cont...
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Yesterday the House Armed Services Committee's Subcommittee on Oversight and Investigations held a hearing on Guantanamo Detainee Transfer Policy and Recidivism.
The link to the hearing Web site, which ...
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Michael Glennon, a longtime critic of presidential war unilateralism, has written a sharp critique of the April 1 OLC Opinion in support of the Libya intervention. The conclusion (footnotes omitted):
OL...
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The United States is still bombing, under NATO command. And Congress, which has not authorized this action, is still dithering. If this pattern continues for another month (or two), the administration ...
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Mike Schmitt (Durham) has an very interesting piece at the Yale Journal of International Law Online concerning UNSCR 1973 and the use of force in Libya. Mike previously served as legal advisor to Operat...
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OLC’s Libya memorandum (see here for Jack’s assessment, and here for a point-by-point overview) concludes as a matter of constitutional law that President Obama did not need approval from Congress in ord...
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Further to Jack's post summarizing the OLC opinion on Libya, here is a point-by-point summary of the document's legal analysis (I agree very much with Jack's take on the implications of all this):
1.
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The Justice Department’s Office of Legal Counsel has just published its opinion in support of its view that “the President had constitutional authority, as Commander in Chief and Chief Executive and purs...
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The House Armed Services Committee has formally assigned a subcommittee to investigate recidivism and treatment issues related to transfers from Guantanamo. In this letter to Reps.
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Rep.