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Tag Archives: Volokh Conspiracy

Commentary on Bond

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Tuesday, June 3, 2014 at 10:46 AM

Curt Bradley’s thoughts are at AJIL Unbound, the Volokh Conspiracy has commentary by Nick Rosenkranz and Ilya Somin, and Jean Galbraith and Peter Spiro weigh in at Opinio Juris.

Orin Kerr on David Kris on Section 215

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Monday, September 30, 2013 at 9:32 AM

Over the Volokh Conspiracy, Orin Kerr has this to say about David Kris’s paper, “On the Bulk Collection of Tangible Things,” which we published yesterday and which Kerr describes as “hugely helpful”: Kris’s legal defense of the telephony metadata program runs laps around both the Administration’s white paper and the FISC’s recent opinion. As regular readers know, . . .
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A Quick Primer on AUMFs

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Sunday, September 1, 2013 at 6:06 AM

Via Ilya Somin at Volokh, I see that the administration has proffered its proposed Authorization for the Use of Military Force (AUMF) for Syria.  Now it is Congress’s turn to decide what proposal(s) it wants to debate and possibly approve.  And it appears that the scope of the authorization will be an issue in Congress. . . .
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The Case for Drones

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Wednesday, May 22, 2013 at 11:20 AM

With President Obama’s big speech tomorrow on counterterrorism policy at National Defense University in mind, Commentary Magazine has been nice enough to post today my June cover essay, “The Case for Drones.”  (It’s free; no subscriber wall.)  Lawfare readers will probably immediately understand it as a mixture of the arguments Ben and I made at . . .
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How To Declare War (Anno Domini, 1429)

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Friday, March 22, 2013 at 10:00 AM

Jhesus-Maria, King of England, and you, Duke of Bedford, who call yourself regent of the Kingdom of France, you, Guillaume de la Poule, count of Suffort, Jean, sire of Talbot, and you, Thomas, sire of Scales, who call yourselves lieutenants of the Duke of Bedford, acknowledge the summons of the King of Heaven.  Render to . . .
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Ninth Circuit Calls Sea Shepherd Actions “Piracy”

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Wednesday, February 27, 2013 at 2:24 PM

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 by the Ninth Circuit, with these opening sentences from Chief Judge Kozinski: You don’t need . . .
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Mark R. Jacobson on 5 Myths About Drone Warfare in the Washington Post

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Sunday, February 10, 2013 at 10:41 PM

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 against detention and interrogation of the Bush years.  Regular readers of Lawfare will be well . . .
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Bond v. United States and the Treaty Power Debate

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Sunday, January 27, 2013 at 10:40 PM

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 relationship between the government’s authority to enter into treaties and constitutional principles of federalism.  I wrote . . .
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Max Boot Guest-Blogging This Week at Volokh Conspiracy

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Monday, January 21, 2013 at 2:00 PM

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 have discussion of it as well, but in the meantime, Max Boot will be guest . . .
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Rick Pildes and Nick Rosenkranz Debate the Treaty Power at Volokh Conspiracy

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Tuesday, January 15, 2013 at 10:45 AM

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 Volokh in a couple of exchanges with Nick; they are continuing a debate they began . . .
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Readings: Bryant Walker Smith, “Automated Vehicles are Probably Legal in the United States”

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Tuesday, January 1, 2013 at 2:33 PM

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 Legal in the United States. This is less obvious and more legally complicated than you . . .
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US v. Stanley and Moocherhunter

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Tuesday, November 20, 2012 at 11:38 AM

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: The police traced a child pornography download to a particular IP address.  Executing a search . . .
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Stewart Baker Speculates about a Cybersecurity Executive Order

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Tuesday, August 7, 2012 at 7:18 AM

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 as much or more than the bills that were emerging from the lobbyist-ridden cybersecurity negotiations on . . .
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Former Guantanamo Prosecutor Loses Appeal

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Friday, June 1, 2012 at 3:22 PM

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 former supervisor at the Congressional Research Service (“CRS”), where Davis had worked after his service at Guantanamo.  The plaintiff argued that his firing by CRS had violated . . .
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More Thoughts on the NYT’s “Kill List” Process Article

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Tuesday, May 29, 2012 at 12:46 PM

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 of targeted killing decisions.  One of those signals, however, seems to me potentially ambiguous, and . . .
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More from Orin Kerr on Health Care and Boumediene

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Thursday, April 5, 2012 at 7:55 AM

From over at Volokh. Kerr also links to this piece in the Washington Post by Charles Lane.

Orin Kerr on the Role of the SCOTUS

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Wednesday, March 28, 2012 at 8:12 AM

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 presidency in which the Supreme Court imposed significant limits on the primary agenda of the sitting . . .
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Paul Rosenzweig on Harold Koh’s Duty of Loyalty

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Sunday, February 12, 2012 at 1:21 PM

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 he defended himself against various charges of inconsistency and even hypocrisy in not holding to . . .
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Unsporting to Shoot Fish in a Barrel?

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Monday, October 24, 2011 at 8:03 AM

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 lot, deeply committed progressives, who have asked that I urge Wittes to greater restraint, because it’s . . .
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Problems with the Obama Administration’s War Powers Resolution Theory

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Thursday, June 16, 2011 at 8:38 AM

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 WPR: The President is of the view that the current U.S. military operations in Libya are consistent with . . .
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