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The Early Edition: December 9, 2016

Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news.

DONALD TRUMP’S FOREIGN POLICY

Stand up to Russian aggression against Ukraine, a bipartisan group of 27 senators wrote to President-elect Donald Trump yesterday, the Hill’s Rebecca Kheel reporting.…   continue »

The ACLU Goes to War

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The Drone Memos collects important memoranda from the Justice Department, addresses by Barack Obama, John Brennan, Harold Koh, Eric Holder and others, executive orders and various documents. It provides an indispensable compendium for anyone interested in the Obama’s administration’s handling of counterterrorism policy and would be an excellent Reader for a seminar.…   continue »

#RemoveBannon

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Trump’s win is mobilizing thousands of citizens around the country to take to the streets under an “anti-Trump” banner. At this nascent stage that banner obscures divergent views on their goals. If their energy is to be harnessed as a popular counterweight to the Trump Presidency, the protesters will need to develop a concrete agenda.…   continue »

The Case Against Serving

Two of my friends, both of them principled and talented conservatives, told me they were approached by members of the Trump team about possible posts in the incoming administration. Both of them find Trump horrifying and did not vote for him.…   continue »

Let’s Be Careful Not to Box in President-Elect Trump—How to Build Exit Ramps

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The ACLU has published a full-page open letter in the New York Times to President-elect Trump—a show of force of the significant legal power of the organization. Forgive that somewhat violent metaphor, but the ACLU itself informs Mr. Trump that his administration will have to deal with “the full firepower” of the organization and that it stands “ready to fight.” That language makes perfect sense on its own, and indeed is required by an organization that will likely be a most vital player in preserving our constitutional rights and freedoms over the next four years.…   continue »

National Security and the Trump Transition: An Agenda for Legal Analysts

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This year’s election was always going to provoke a flurry of questions about the future of U.S. national security law and policy—from discussions about changes to substantive law and oversight mechanisms to personnel and process. But it should go without saying that Tuesday’s results have radically increased both the number and significance of the various lines of inquiry.…   continue »

Why I’m a Federal Courts Nerd (and You Should Be, Too)

In addition to the election, yesterday was also the first anniversary of the terribly untimely passing of my college mentor, Professor Nasser Hussain. And this past weekend, the Amherst College Department of Law, Jurisprudence, and Social Thought hosted a touching academic gathering in his honor, titled “Thinking With Nasser Hussain,” and featuring work by a remarkable and cross-disciplinary array of scholars.…   continue »

Full Text: “Oxford Guidance on Law of Relief Operations During Armed Conflict”

In today’s conflict zones, from Syria to Sudan, it is becoming increasingly difficult, if not impossible at times, for those providing humanitarian relief to reach the people most in need. Recognizing the seriousness of the problem, UN Secretary General Ban Ki-moon identified improving access for humanitarian operations as one of the five “core challenges” to enhancing the protection of civilians in armed conflict.  continue »