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Tag Archives: Balkinization

Dudziak on Lawfare

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Monday, July 11, 2011 at 10:58 AM

Mary Dudziak (USC, visiting this coming fall at Duke) has a very thoughtful post up this morning Balkinization, addressing the meaning of “lawfare.”  Readers who are not familiar with her work should become so, and in particular should keep an eye out for her forthcoming book War Time: An Idea, Its History, Its Consequences (OUP), which . . .
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Marty Lederman’s analysis of Lugar amendment to Kerry-McCain resolution

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Wednesday, June 29, 2011 at 11:56 AM

Marty Lederman offers this analysis over at Balkinization of two critical amendments proposed by Senator Richard Lugar and adopted by the Senate Foreign Relations Committee yesterday. Lederman points out that the first of Lugar’s amendments would legally restrict the use of ground forces, which goes further than the language in the original Kerry-McCain resolution. The second of . . .
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Rick Pildes on WPR

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Friday, June 17, 2011 at 12:26 PM

Rick Pildes has a very thoughtful post at Balkinization on the constitutional politics of the War Powers Resolution, the difficulties Congress faces in responsibly controlling executive discretion to make war, how Chadha enhances these difficulties, and what to do about it all.  A flavor: Other legal structures for allocating legislative and executive responsibility over uses . . .
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Ackerman Responds To Morrison

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Saturday, June 4, 2011 at 6:37 PM

Bruce Ackerman has responded on Balkinization to Trevor Morrison’s review of Ackerman’s book The Decline and Fall of the American Republic.  Ackerman’s opening paragraphs explain his post and have all the relevant links: In a recently published book review of The Decline and Fall of the American Republic, Professor Trevor Morrison vigorously contested my critique of the . . .
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Welcome Back, Marty Lederman

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Tuesday, May 24, 2011 at 8:25 AM

I awoke this morning to excellent news: Marty Lederman, with this post over at Balkinization and this post at SCOTUSblog, has returned to the blogosphere. Marty, for those Lawfare readers who do not know his work, had to suspend his legal blogging when he went back into public service a few years back. Though I’m . . .
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Tushnet on the Domestic Legality of Intervention in the Libyan Civil War: Does Security Council Authorization Make this Something Other Than “War”?

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Tuesday, March 29, 2011 at 1:33 PM

In a post this morning at Balkinization, Mark Tushnet argues that President Obama need not seek Congressional approval for U.S. participation in the Libyan Civil War because this armed conflict is not a “war” within the meaning of the Declare War clause.  Mark’s argument proceeds in two major steps, which I paraphrase below (my apologies . . .
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