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Second-Guessing Congress on Military Commissions
Friday’s D.C. Circuit decision on military commissions, Al Bahlul v. United States, rests on a narrow, grudging reading of Congress’s war powers. -
The Limits of Islamic State Expansion
Editor’s Note: The Islamic State’s latest victories in Iraq have been met by teeth-gnashing in Iraq and hand-wringing in Washington. U.S. military officials expressed disgust and disappointment with the ... -
The OPM Data Breach: Congress Should Investigate, but Should Consider Its Own Responsibility for Protecting Federal Workers
The data breach of OPM’s personnel records system is a privacy and security disaster for the U.S. Government and for the 4 million (and possibly as many as 14 million) current and former federal employee... -
The Lawfare Podcast: Zivotofsky v. Kerry—The Jerusalem Passport Case
On this week’s Lawfare Podcast, Lawfare Founding Editor Jack Goldsmith and Marty Lederman—Georgetown law professor, Just Security blogger, and former Justice Department official—sat down to discuss the S... -
Why The Weak And Hesitant Response to the OPM Breach?
The NYT reports that the Obama administration is “considering financial sanctions against the attackers [from China] who gained access to the files of millions of federal workers” in from Office of Perso... -
The Week that Was: All of Lawfare in One Post
On Monday, Lawfare readers awoke to find the new and improved Lawfare site. Bobby, Jack, and Ben introduced the site, and Ben announced the beginning of Omphalos, a Lawfare subsidiary site devoted to int... -
CIA Releases Declassified Documents Related to 9/11
The Central Intelligence Agency has released five newly declassified documents. The release states that each document related to a 2005 Office of Inspector General (OIG) report examing the Agency's accou... -
A Reply to Charlie Savage—And His Reply to Me
I have been consumed for the past week with Lawfare’s relaunch, but I have not forgotten that I promised to address Charlie Savage’s response to my critique of his recent story on NSA cybers -
Department of Defense Releases Law of War Manual
The U.S. Department of Defense's Office of the General Counsel has released its long-awaited Law of War Manual. The greatly anticipated tome is the product of a multi-year effort by military and civilian... -
Today's Headlines and Commentary
The Obama administration’s trade agenda suffered a massive blow earlier today, according to Politico, as the House of Representatives voted against the Trade Adjustment Assistance bill, a $1.8 billion me... -
"Collective Security," by Alexander Orakhelashvili
Published by Oxford University Press (2011) -
The Clash Between the Law of Sovereignty and the Law of the Sea in the South China Sea Dispute
As I explained in this legal primer, the South China Sea dispute has primarily revolved around two distinct legal quarrels: a dispute over territory and a dispute over the substance and application of ma...
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