I have now had a chance to read through House Armed Services Chairman Buck McKeon's new detention and AUMF language, released yesterday as part of the Chairman's mark of the National Defense Authorizatio...

As we’ve noted on this blog previously (here and here), continued U.S.

Section 962 of the FY12 National Defense Authorization bill has a very interesting cyberspace “military activities” provision.

The House Armed Services Committee just released the Chairman's mark of the National Defense Authorization bill. I have not looked at it yet, but it apparently contains new language on detention and AUMF...

Ross Douthat, a columnist for the New York Times, has an interesting op-ed today in which he notes that President Obama’s foreign policy is similar to that of President Bush’s but is subject to less of a...

Benjamin Kleinerman, author of The Discretionary President: The Promise and Peril of Executive Power (a truly excellent book, by the way, about which I have been meaning to post thoughts), wrote in over ...

Ken and Ben have noted the Administration's continuing and puzzling failure to explain the legal justifications for the killing of Bin Laden.  As someone who was in the Situation Room on 9-11, I have sp...

Michael Montgomery, an active duty Navy Judge Advocate commenting in his personal capacity, writes in the following thoughts regarding my post earlier today about Harold Koh's absence from the public deb...

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 th...

Matt Waxman (Columbia) has a terrific paper, National Security Federalism in the Age of Terror, forthcoming in Stanford Law Review.  Here is the abstract: National security law scholarship tends to focus...

Ashley Deeks (formerly from State Department L (political-military affairs), currently a fellow at Columbia) has posted "Pakistan's Sovereignty and the Killing of Osama bin Laden."  Ashley is as sharp as...

I noted yesterday that the United States may have resumed using lethal force against AQAP targets in Yemen.  Now, it appears, drone strikes seem also to have resumed in North Waziristan, in this case pos...

Why on earth would the chairman of the House Intelligence Committee say this? Other gleanings from the roughly 100 pieces of computer gear seized Sunday included possible leads on the whereabouts of othe...

With all the was-it-legal-to-kill-UBL talk, I'm a bit surprised that this morning's news out of Yemen is getting so little attention.  Jeb Boone at the Washington Post reports that a missile struck a veh...

Gabor Rona of Human Rights first has this piece on the legality of the Bin Laden operation. While Gabor is more tentative in his conclusion than I am, I largely agree with this analysis, including his an...

Analysis of the legality of the UBL operation continues to proliferate.  Among the many I've seen today, I would recommend Gabor Rona's fine piece defending the legality of the attack from the point of v...

Alfredo Corchado of the Dallas Morning-News has an article that will be of interest to anyone trying to come to grips with whether a state of armed conflict can be said to exist in some areas of Mexico. ...