I'm leaving the Syria war powers discussion to those around here who actually know something about the subject, but I had one glancingly-related thought. If you're trying to decide the legality of a reso...

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.

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.

Yesterday, Guantanamo detainee Ahmed Adnan Ajam filed a motion for partial summary judgment and for declaratory relief in his habeas suit before the D.C.

Like David Remes, but with different assumptions and for different reasons, I was disappointed with Senators Durbin and Feinstein’s op-ed purporting to offer a plan for closing Guantanamo.  As I’ve argue...

David Remes, the longtime GTMO defense lawyer, wrote in with comments on Senators Feinstein and Durbin’s op-ed in today’s L.A. Times entitled, “How to close Gitmo”: The oped is quite disappointing. In br...

"Does it really matter, from a legal perspective, whether the U.S.

So says the Washington Post.

A recent cluster of stories – on al Qaeda’s growth, dispersion, and resilience, on the USG’s increased use of surveillance drones outside of “hot war zones,” on the USG possibly