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 … Read more »

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 … Read more »

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 … Read more »

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

… Read more »

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 … Read more »

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 … Read more »