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Scholarship

Call for Papers: AALS Section on National Security Law

The American Association of Law Schools (AALS) Section on National Security Law seeks scholarly papers on any topic involving national security and the law. Three or more papers will be selected for presentation at the AALS 2020 Annual Meeting in Washington, D.C., at the Section’s Jan. 5 Works in Progress session. The author of the best overall paper will be invited to publish it in the Journal of National Security Law and Policy, subject to the Journal’s always helpful peer review. This Call for Papers is open to any tenure-track faculty member teaching at an ABA-accredited law school.

Executive Power

Administrative National Security

In the past two decades, the United States has applied a growing number of foreign and security measures directly targeting individuals—natural or legal persons. Administrative agencies have taken the lead in designing and implementing these measures. Empowered by delegations from Congress and the president, agencies largely control related fact-finding, target selection, routine management and administrative review of individualized measures.

War Powers

Daniel Webster, War Powers and Bird$h*t

In the course of researching a book, I’ve come across many episodes that Benjamin Wittes and I like to call “Weird War Powers $h*t.” One of my favorites is a story about American constitutional war powers and actual $h*t. It’s a story about very expensive bird-$h*t, or guano, and how one of the 19th century’s most important thinkers on war powers nearly stumbled the nation, figuratively speaking, into a giant pile of it.

Daniel Webster and War Powers

Covert Action

Teaching Covert Action to Law Students

I recently was a guest lecturer on covert action in a law school seminar. For anyone interested, my instructional approach (fictional scenario, issues for consideration, operational proposals) is available here —feel free to use it (or, better yet, improve on it). In this post I offer a few practitioner-focused thoughts on the “why,” “what” and “how” that informed my planning for this class. I hope this background description and approach are useful to others teaching about covert action.

Homeland Security

Call for Papers: Homeland Security Project at the Belfer Center

Homeland security issues have emerged as among the most critical facing our country. Massive hurricanes devastated large swaths of the United States in 2017, the recovery from which is not over. Hostile governments and criminal groups have targeted American cyber and critical infrastructure, including U.S. elections. Ebola and Zika originated abroad but emerged at America’s shores. Central American asylum seekers have overwhelmed U.S. border authorities, while Washington has been paralyzed over disputes about how to respond.

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