Not all news today is the secret meeting of the Lawfare cabal in plain sight – at the House Judiciary Committee hearing on drones and targeted killing. There is, for example, the opinion just issued in the Sea Shepherd case … Read more »
John Bellinger makes note in his post below that that Obama administration faces increasing organized NGO, activist-advocacy, and European pushback on drone warfare, and he cites today’s front page NYT story by Peter Baker that this essentially reprises the campaign … Read more »
The Supreme Court recently agreed to hear an important case concerning the government’s foreign affairs powers, Bond v. United States. That case, which involves a criminal prosecution under the Chemical Weapons Convention Implementation Act, raises fundamental issues about the … Read more »
Many Lawfare readers have probably seen notices or reviews of Max Boot’s brand-new book on the history of guerrilla warfare, Invisible Armies: An Epic History of Guerrilla Warfare from Ancient Times to the Present (WW Norton 2013). Lawfare will certainly … Read more »
Lawfare readers might be interested to follow a Volokh Conspiracy online debate between Lawfare senior contributor/NYU professor Rick Pildes and Volokh blogger/Georgetown professor Nick Rosenkranz on whether a treaty can increase the legislative power of Congress. Rick is guest-posting at … Read more »
Bryant Walker Smith (a fellow at Stanford’s Center for Internet and Society) has authored a new CIS White Paper on whether self-driving cars are, or can be, legal in the United States. His answer is … Automated Vehicles are Probably … Read more »
Over at the Volokh Conspiracy, my friend Orin Kerr has a fascinating post on the case of US v. Stanley. It isn’t strictly cybersecurity but the case itself is still worth reading. For those who want a quick summary:… Read more »
Over at the Volokh Conspiracy, Stewart Baker wonders how much President Obama could get done with an executive order on cybersecurity—now that the legislation has failed. Quite a lot, he argues:
In short, an aggressive executive order could do
… Read more »
The D.C. Circuit today handed down a decision in a civil case concerning Col. Morris Davis, once the Chief Prosecutor in the Office of Military Commissions.
Davis had sued in district court, advancing (among other things) Bivens claims against his … Read more »
Over at Volokh Conspiracy, I make some comments on the NYT article to which Ben linked this morning. My comments run to the kind of signals that the administration might be seeking to send about the thoroughness of its vetting … Read more »
From over at Volokh. Kerr also links to this piece in the Washington Post by Charles Lane.
Comparing the role of the Supreme Court in the health care debate and the national security debate, Orin Kerr writes at Volokh Conspiracy:
If the Court does end up striking down the mandate, this will be the second consecutive
… Read more »
Following the splendid University of Virginia School of Law conference last Friday at which DOS Legal Adviser Harold Koh delivered the keynote address, Notre Dame professor and Opinio Juris blogger Roger Alford commented on part of Koh’s speech in which … Read more »
Over at the Volokh Conspiracy, Kenneth Anderson writes of my post yesterday, “What should most concern the Times are the couple of emails I’ve received from several eminent professors, smart and intellectually scrupulous folks whose opinion I value a … Read more »
In this long post I analyze the Obama administration’s legal arguments for compliance with the War Powers Resolution. A later post will consider the broader significance of the arguments.
Here is the administration’s formal explanation of its compliance with the … Read more »
Over at the Volokh Conspiracy, Lawfare book review editor Ken Anderson makes this point about State Department Legal Adviser Harold Koh’s absence from the current public discussions of the legality of the Bin Laden operation:
has the administration regained its
… Read more »
I am delighted to announce that Kenneth Anderson has agreed to become Lawfare’s new book review editor. As I noted a few weeks back, the volume of recent and forthcoming books of potential interest to readers of this blog … Read more »
Over at the Volokh Conspiracy, Kenneth Anderson, his tongue planted firmly in his cheek, offers a modest proposal for the United States government as to how it should handle Al Warafi’s claims to be medical personnel under the First Geneva … Read more »
Many thanks to Kenneth Anderson for this kind and thoughtful write-up of Detention and Denial over at the Volokh Conspiracy.