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The Parochialism of American Cosmopolitanism
What immediately strikes outsiders to international law as it is understood in the United States—whether foreigners on a visit or Americans who come to our debates with other expertise and training—is ho... -
The UNHRC Commission of Inquiry on Syria Misapplies the Law of Armed Conflict
On September 6, the United Nations Human Rights Council (UNHRC) Commission of Inquiry (COI) on Syria issued its latest report in anticipation of the current Human Rights Council session. The COI criticiz... -
One PCLOB Nomination to Applaud and Three More to Urge
The nomination of Adam Klein as chairman of the Privacy and Civil Liberties Oversight Board (PCLOB) is a welcome move by the president. Klein has excellent credentials for this position, having served as... -
Today's Headlines and Commentary
Late Wednesday, Democratic leaders announced they had cut a deal with President Trump to pursue legislation protecting young undocumented immigrants from deportation, the Washington Post reported. The de... -
The Friendliest Lawsuit Ever Filed Against the FBI
Last month, I sued the Justice Department in what I described as perhaps the friendliest lawsuit ever filed against it. Yesterday, I filed an equally friendly suit—this time against the FBI. The purpose ... -
Rational Security: The "Boris and Natasha Buy a Facebook Ad" Edition
Facebook confirms that a Russian troll farm bought ads during the 2016 election cycle. Congress pushes back on the Trump administration’s plan to gut foreign aid and the State Department. And Equifax suf... -
The Ease of Writing an OLC Opinion in Support of Military Action Against North Korea
I’ve been asked a lot recently about the President’s power under Article II to order a military strike on North Korea in the absence of congressional authorization. The proper meaning of Article II on t... -
The Impeachable Offense and the Modern Presidency
The Trump presidency’s legal and other difficulties have brought fresh attention to the uses and limits of the impeachment process. Jane Chong and Benjamin Wittes have argued that Congress ought at least... -
Senators Table Paul Amendment to 2018 NDAA
The Senate voted 61 to 36 on Wednesday to table Senator Paul Rand’s (R-KY) amendment to the 2018 NDAA, which would have repealed the 2001 and 2002 Authorization for Use of Military Force (AUMF). -
Abuse of Power: The White House Slimes James Comey—Again
This afternoon, White House Press Secretary Sarah Huckabee Sanders, from the White House podium, declared that former FBI Director James Comey may have “violated federal law” in sharing a memo documentin... -
Today's Headlines and Commentary
The Supreme Court stayed the Ninth Circuit’s September 7 decision in Hawaii v. Trump, which exempted refugees with assurances from U.S. resettlement programs from Executive Order 13780, the so-called “re... -
Breaking the Impasse with North Korea
One of the most robust findings in the field of behavioral economics is the difference between what people demand to sell something they already own and the price they would have been willing to pay for ...
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