For anyone interested, I’ve posted to SSRN my draft article, forthcoming in the Yale Law Journal, titled “The Constitutional Power to Threaten War.”  I’m pasting below the introduction, and I plan to pos...

Jack's and Ashley’s analyses have covered the waterfront, so far as concerns the Kosovo precedent’s meaning (legal, moral and so forth) for a possible Syria intervention.

The potential use of military force in Syria and its past use in Kosovo -- despite the likely "illegality" under international law and the U.N. Charter -- raise important general questions about the mode...

Jack’s post makes the point that the Kosovo precedent won’t get the U.S. government very far if it is looking for a solid international legal precedent for intervention in Syria.  That seems absolutely r...

President Obama famously said in 2008 that the President lacks “power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminen...

A few weeks ago, Daniel Klaidman noted in the Daily Beast the existence of a White House memo outlining its proposal to close Guantanamo.

The noncontroversial dispensed with, we move to the controversial: now, the defense’s emergency motion regarding information technology matters.  Maj. Jason Wright, one of KSM’s lawyers, previews it---on...

We pick up with a quick clarifying point about vicarious liability: the idea, the military judge confirms with the Chief Prosecutor, is that the jury must find that a substantive offenses was committed, ...

It’s 1:32 when the commission is once more called to order, and AE120 is teed up in earnest.  That’s the government’s motion to make so-called “minor conforming changes” to the charge sheet, so as to mak...

Let us now discuss, for but a fleeting moment, the ongoing representation status of CDR Walter Ruiz.

We return to our regularly-scheduled programming at the Expeditionary Legal Complex’s Courtroom #2.  Presenting rebuttal argument on AE107 is CDR Walter Ruiz, lawyer for 9/11 accused Mustafa al-Hawsawi. ...