Latest in Highlights
Published by The Lawfare Institute in Cooperation With 
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Harold Koh Identifies Another Big Difference Between the Bush and Obama Administrations
From Harold Koh’s speech to the Oxford Union the other day: the first "obvious" difference between the Bush and Obama administrations is that "the Obama Administration has not treated the post-9/11 confl... -
Two Presidential Power Questions for Ben
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Important New Oversight Legislation for Military Kill/Capture Outside Afghanistan
Big news out of the House Armed Services Committee: Representative Mac Thornberry (a graduate of the University of Texas School of Law, I proudly note) is going to introduce a bill enhancing oversight of... -
Ghailani Appeal and Debates About Terrorism Prosecutions
Amid the debate about how legally to handle the Boston Marathon bomber and the President's recent remarks about closing Guantanamo, Ahmed Ghailani's appeal was argued today in the Second Circuit. As the... -
Harold Koh Identifies a Big Difference Between the Bush and Obama Administrations
From Harold Koh's speech to the Oxford Union yesterday: A third critical difference between this Administration and its predecessor is the Obama Administration’s determination not to address Al Qaeda and... -
China Says the Earth is Flat; And Huawei Says it's Square
Yesterday, I noted the DoD report which, for the first time, reflected a determination by the US government that a number of cyber intrusions were "attributable directly to the Chinese government and mil... -
Today’s Headlines and Commentary
No, we didn’t stop talking about Benghazi even after last year’s presidential election came and went. Even the cicadas will disappear again before we’re done talking about it. -
Look Who Has Discovered Inherent Presidential Powers
Hmmmm. From Harold Koh's speech to the Oxford Union: Congressional transfer restrictions with respect to Guantanamo detainees "must be construed in light of the President’s authority as commander-in chi... -
Susan Landau on Obama Administration's New Wiretapping Proposal
Charlie Savage reported in the NYT today that the Obama administration “is on the verge of backing a Federal Bureau of Investigation plan for a sweeping overhaul of surveillance laws that would make it e... -
Bradley & Goldsmith Supplement for Foreign Relations Law
Curtis Bradley and I have a casebook on foreign relations law that includes a heavy dose of national security law (including chapters on covert action and targeted killing) that might be of interest to L... -
A Book I Look Forward To Reading
John Rizzo, Company Man: Thirty Years of Controversy and Crisis in the CIA. Publication date: January 2014. -
A Quick Guide to the Lawfare Debate Over a New AUMF
As Andrew Rosenthal noted in yesterday's New York Times, things seem to be heating up in Congress with respect to whether--and to what extent--the September 2001 Authorization for Use of Military Force (...
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