War Powers
201 Articles
Recap of Recent Pieces on Just Security (Oct. 21-27)
Russia Investigation and Facebook Ryan Goodman, Top Experts: Can Facebook Legally Disclose Russian Ads–What does the Stored Communications Act say? Artin Afkhami, Former Federal…
Episode 42 of the National Security Law Podcast: The Magic Bullet Travel Ban(d)
In this week’s episode, Bobby Chesney and I start with a close look at Smith v. Trump, a case that seeks a judicial ruling on whether the Islamic State really falls within…
NYU Law Forum: “National Security: The Role of Senior Advisers in the White House”
On October 18, the Latham & Watkins Forum at NYU Law presented discussion on “National Security: The Role of Senior Advisers in the White House.” Just Security…
With Blinders On?: How International Law Casebooks Teach Students in the United States
The United States disagrees with many countries, including key allies, on important questions of international law, including the geographical scope of armed conflict, the extraterritorial…
Bringing the AUMF Debate Back to its Constitutional Roots, and Recent History
A U.S. Army howitzer firing at Islamic State positions in Iraq in 2016. Last Friday, Rita Siemion published an insightful analysis of the Trump Administration’s first meaningful…
About that “Deconfliction Zone” in Syria: Is the United States on Firm Domestic and International Legal Footing?
The U.S. military has at least three times in recent weeks engaged in hostilities against pro-Syrian regime forces near the At Tanf garrison in southern Syria and shot down a pro-regime…
On N. Korea: Calling on Congress and the President’s Advisers to Defend the Constitution
For those of us who had hoped Defense Secretary Jim Mattis and Lt. Gen. H. R. McMaster, the president’s national security advisor, would make up for the inexperience and curb…
Why the strikes against Syria probably violate the U.N. Charter and (therefore) the U.S. Constitution
[UPDATED] The Pentagon has issued the following statement about the U.S.’s use of 59 Tomahawk missiles against the Shayrat Airfield in the Homs governorate of Syria this…
What’s Actually New in the New Drone Strike & Military Force Disclosures?
Yesterday, President Barack Obama released a series of documents relating to the use of military force abroad, including a 66-page Report on the Legal and Policy Frameworks Guiding…
President Obama’s Report on the Legal and Policy Frameworks Guiding and Limiting the Use of Military Force [UPDATED]
The Administration just released five new documents relating to the use of force, including detention, in counterterrorism operations against nonstate armed groups. The most important…
Questions for the Defense Department’s General Counsel
On Monday, Nov. 28 at 6 p.m., Jennifer O’Connor, general counsel of the Department of Defense, is giving a talk at NYU School of Law on “Applying the Law of Targeting to the…
Smith v. Obama: The Political Question Doctrine Misapplied
Having joined The Constitution Project in an amicus brief in Smith v. Obama, I am disappointed the U.S. District Court for the District of Columbia decided to dismiss the case…