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[UPDATE 5/10/12: Whoops. Careful readers will note that the new bill omits the congressional-notification language from last year's bill...at least in the text of the statute, though not in the explanat...
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Peter Berkowitz of the Hoover Institution has a new book out, entitled Israel and the Struggle Over the International Laws of War. The book, which is very brief--more of a long essay, really--is an impas...
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Yeesh. Yesterday I noted that Chairman McKeon's NDAA draft includes a "Daqduq rule" -- i.e., a provision requiring the Defense Department to notify Congress before transferring certain detainees held at...
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It is surprising to me that neither the Washington Post nor the New York Times nor the Wall Street Journal has yet to run an editorial reacting to John Brennan’s extensive and thoughtful speech on drones...
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HASC Chairman Buck McKeon today released a draft NDAA for FY '13, which will head to the full committee for markup on the 9th. The text of the bill as it currently stands is posted here, McKeon's announ...
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As I have noted previously, the Supreme Court’s March 5 order that the Kiobel case be re-briefed to address the extraterritorial application of the Alien Tort Statute has put the Obama Administration in ...
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Yesterday I posted a lengthy response to Gabor Rona’s critique of the Brennan speech, and Gabor has now replied to my comments. Alas, we seem to be speaking past one another in various ways (for example...
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Both because of my own biases and because Wells is going to be posting more of a blow-by-blow at some point (on top of his initial reaction, which I basically share), I'll spare readers from a comprehens...
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Back in March (so, well before John Brennan's new remarks on the issue), my friend and colleague Mike Lewis from Ohio Northern and I participated in a "teleforum" debate for the Federalist Society on the...
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Over at Opinio Juris, Gabor Rona of Human Rights First offers an extended critique of John Brennan’s speech on the use of lethal force. It is an interesting and provocative post, leading me to share a f...
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Very glad to have joined the Lawfare team. I look forward to more sustained blogging once the spring grading season is over. For now, I'll offer just a quick thought on the speech John Brennan delivere...
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John Brennan's speech yesterday was important for at least three reasons: (1) it marked the first official White House acknowledgment that “the United States Government conducts targeted strikes against ...