Last year the Supreme Court, seized with a big constitutional question about foreign relations, feinted: Bond v. United States turned on rules of statutory interpretation rather than the constitutional b...

A kerfuffle broke out here at Lawfare last week over the significance of the new tranche of Snowden-procured documents released on Thursday.

In his famous Youngstown concurrence, Justice Jackson began by reflecting that:

In a special operations raid last month targeting a key ISIL figure in Syria, U.S. forces came away with that rarest of things: a prisoner. Abu Sayyaf's wife, Umm Sayyaf, was taken into custody during t...

A small outcropping of sand occasionally breaks the vast expanse of the South China Sea. These islands are modest, even diminutive, but they form the core of a fierce territorial dispute among six primar...

The Supreme Court in Zivotofksy held that the President can disregard a statute that requires him to designate “Israel” on passports of U.S. citizens born in Jerusalem because the statute (Section 214 of...

53 Columbia Journal of Transnational Law No. 3, p. 507 (2015). Available on SSRN. The status of covert activities by a government in international law is an under-discussed topic in legal scholarship, e...

This weekend the New York Times ran a lengthy piece about SEAL Team 6, with the dramatic subtitle “A Secret History of Quiet Killings and Blurred Lines: The unit best known for killing Osama bin Laden ha...

The OPM intrusion has grave implications for the personally identifiable information of the four million present and former employees whose data was compromised. As this post on Hacking as Offensive Cou...

One thing I love about the various annual authorization bills is that they often contain very interesting but little-noticed provisions. The Intelligence Authorization Act for Fiscal Year 2016, which HP...