Skip to content

Tag Archives: Eric Posner

Chief Justice Roberts: De-Chevronizing U.S. Foreign Relations Law

By
Friday, May 16, 2014 at 8:35 AM

Eric Posner and Cass Sunstein argue in an article from 2007 that U.S. foreign relations law should be “Chevronized,” meaning that courts should defer to the executive branch in interpreting ambiguous treaties and statutes when international comity concerns are implicated. Curt Bradley had already argued in a 2000 article that Chevron deference should apply in . . .
Read more »

The Crimean Crisis: Commentary on International Law Ramifications

By
Monday, March 3, 2014 at 2:34 PM

As a service to Lawfare readers, we have compiled some other web commentary on the legal aspects of the crisis in Crimea.  (Of course, interested folks should have a look at Ashley’s thorough articulation of the international law issues at play, and Paul’s take on the invasion’s cyber dimension.) While the situation percolated over the weekend, Eric Posner noted the (somewhat surprising) . . .
Read more »

Eric Posner’s New Blog

By
Monday, December 30, 2013 at 4:23 PM

Eric Posner has a new blog, and some of the issues on it will be of interest to Lawfare readers.  For example, this post discusses Eric’s recent constitutional defense (on Slate) of the NSA meta-data program.

UK Legal Position On Humanitarian Intervention in Syria

By
Thursday, August 29, 2013 at 9:28 AM

Here is the UK’s statement on “the legality of military action in Syria following the chemical weapons attack in Eastern Damascus on 21 August 2013.”  It maintains that “[i]f action in the Security Council is blocked, the UK would still be permitted under international law to take exceptional measures in order to alleviate the scale . . .
Read more »

What Bill Keller Misses in Urging President Obama to Appoint a Special Counsel in the IRS Matter

By
Wednesday, May 22, 2013 at 7:05 AM

Bill Keller of the NYT urges President Obama to order the Justice Department “to appoint an independent investigator with bulldog instincts and bipartisan credibility” to fully examine the IRS imbroglio and determine “whether the treatment of conservative groups seeking special tax status was (a) a ham-handed shortcut by overworked and badly guided bureaucrats, (b) a . . .
Read more »

Two Sharply Different Commentaries on the White Paper

By
Wednesday, February 6, 2013 at 9:20 AM

Eric Posner and Jeff Rosen have sharply different takes on the White paper.  Jeff is outraged: The Justice Department white paper released on Monday by NBC News is the public’s first direct glimpse at the legal reasoning that the Obama administration relied on in using a drone strike to kill Anwar al-Awlaki, a U.S. citizen living in . . .
Read more »

Posner and Sykes on the Economic Foundations of International Law

By
Thursday, January 3, 2013 at 10:15 AM

Eric Posner and Alan Sykes have a new book entitled Economic Foundations of International Law.  The book does what its title suggests: gives a comprehensive rational choice account of public international law.  It distinguishes itself from other books in this genre in (among other things) its scope.  For it covers all of the major elements . . .
Read more »

Gabor Rona Responds to Eric Posner on Human Rights Treaties

By
Thursday, December 27, 2012 at 9:45 AM

Gabor Rona of Human Rights First writes in with the following comments on Eric Posner’s Slate article, to which I linked the other day: Eric Posner’s dismissal of “the human rights regime” would come as a surprise to the last three generations of activists, diplomats and political leaders who have struggled to establish it, and to . . .
Read more »

Eric Posner on Why the Senate Was Right to Reject the Disabilities Treaty

By
Monday, December 24, 2012 at 9:03 AM

Over at Slate, Eric Posner has a very interesting essay defending the Senate’s recent rejection of the disabilities rights treaty—although rejecting the reasons for rejection proffered by the senators who voted against it. Posner also strikes a skeptical chord towards “empty” human rights treaties more broadly. He opens: This month, the Senate by a vote . . .
Read more »

“The War on Terror Will Be Ever With Us”

By
Tuesday, December 11, 2012 at 8:08 PM

That is the title of Eric Posner’s essay in Slate reacting to Jeh Johnson’s Oxford speech.   The first part of the piece roughly tracks some of the points I made last week, but then Eric widens the lens: But there is a broader mistake in Johnson’s speech and the reaction to it. This error lies in . . .
Read more »

NYT Room for Debate Forum on Military Commissions

By
Monday, November 19, 2012 at 7:37 AM

The New York Times is running a Room for Debate feature entitled “Time to End Military Tribunals?” It reads a bit like a debate in which the participants are all going through the shadow-boxing motions—but the footwork was learned long ago and is coming out now by rote muscle memory. The exchange includes contributions from Andrea . . .
Read more »

Ken and Eric Agree More than Ken Thinks

By
Thursday, October 11, 2012 at 9:25 AM

One focus of Ken’s response to Eric Posner’s Slate piece is Eric’s claim that “the United States has invoked a new idea of the ‘unable or unwilling’ country, one that outside powers can invade because that country cannot prevent terrorists located on its territory from launching attacks across its borders.”  I don’t know if Eric meant that the “unwilling or unable” doctrine is . . .
Read more »

Stop Presses: “Even Eric Posner Says Drone Strikes in Pakistan Are Illegal”

By
Tuesday, October 9, 2012 at 8:32 PM

Jack mentioned Eric Posner’s new article in Slate announcing that US drone strikes in Pakistan are illegal under the UN Charter because, among other things, they lack genuine consent from Pakistan and the so-called “unwilling or unable” test, which the US government might propose to apply as an alternative theory to consent, and which Eric . . .
Read more »

Eric Posner on “Consent” in Pakistan and the Fecklessness of the U.N. Charter

By
Monday, October 8, 2012 at 8:51 PM

Eric Posner has a piece in Slate which argues – based on this report in the WSJ about the ever-thinner forms of consent by Pakistan to USG airstrikes in that country – that the United States is making a mockery of the U.N. Charter and probably violating it, at least if the theory of intervention . . .
Read more »

New York Times Debate on Guantanamo Anniversary

By
Tuesday, January 10, 2012 at 7:57 AM

The New York Times has this “Room for Debate” feature, in connection with Guantanamo’s 10th anniversary as a terrorist detention facility tomorrow, on “What’s wrong with Guantánamo, and to what extent have the problems been fixed? What should the next Congress do?” Participants include, so far, David Cole, Deborah Pearlstein, Vincent Warren, and Eric Posner.

Scott Horton on the “Pyrrhic” Victory Over Gaddafi [UPDATED]

By
Tuesday, October 25, 2011 at 9:43 PM

Scott Horton has a thoughtful essay at Foreign Policy that argues the fall of Gaddafi should be seen “through the lens of the law” as a “Pyrrhic” victory.  From the domestic law perspective, Horton maintains that because of the administration’s contortions of the War Powers Resolution, the Libya campaign is “another vindication of executive war-making . . .
Read more »

Further Thoughts from Trevor Morrison Regarding OLC, and Comments from Dawn Johnsen

By
Wednesday, July 6, 2011 at 11:38 PM

A couple of weeks ago, as Ben noted, Trevor Morrison posted an article addressing the Libya-hostilities-OLC debate.  An expanded and updated version of that paper is now available here at Harvard Law Review Forum, and it is well worth a read.  In addition to more deeply engaging his ongoing debate with Bruce Ackerman, the updated . . .
Read more »

Posner and Vermeule on OLC and Libya

By
Tuesday, June 28, 2011 at 3:58 PM

Eric Posner and Adrian Vermeule have an essay in Slate that argues that it was appropriate for President Obama to ignore OLC’s advice related to the War Powers Resolution.  The thrust of their argument, which contrasts sharply with Trevor Morrison’s recent argument, is that “[t]here is no reason that the president — the sole officer . . .
Read more »

Eric Posner: The Threat of Lawfare is Overhyped

By
Wednesday, February 23, 2011 at 12:06 PM

In a very interesting essay in the new National Interest, Eric Posner contends that the supposed threat of “lawfare” is much over-hyped.   His concluding paragraph captures the broad outline of his argument: Putting aside the constraints of politics and technology, all that is left of lawfare is the trivial threat of foreign and international law. Internationalists of . . .
Read more »

The Gap Between the Public’s and the Government’s View of the Terrorism Threat

By
Thursday, November 25, 2010 at 3:26 PM

Marc Thiessen has taken a lot of heat for this argument in the course of defending TSA screening procedures: Can any of us imagine the debate we’ve had in recent weeks unfolding in the days immediately following Sept. 11, 2001?  Can any of us imagine the debate we’ve had in recent weeks unfolding in the days . . .
Read more »