Recent Articles
How Dangerous—and How New—Is the Defense Department’s “Collective Self-Defense” Theory?
The Defense Department’s reliance on a broad interpretation of “collective self-defense” appears to authorize military operations further removed from congressional approval…
The Early Edition: October 30, 2018
Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and…
Jam v. International Finance Corp.: May International Organizations Violate Rights with Impunity?
Tomorrow, the Supreme Court will hear oral argument in a case that will decide the scope of immunity for international organizations in our courts. This issue facing the Supreme…
Psy-Ops, Meet Cyber-Ops: U.S. Takes on Russian Trolls
A Russian troll sits down at his desktop and logs into one of the social media accounts he uses to impersonate and radicalize Americans. Suddenly, a direct message appears: “Hello,…
The 2018 Annual Report of the U.N. International Law Commission
The U.N. International Law Commission’s 2018 annual report is being debated from October 22 to 31 before the Sixth (Legal) Committee of the U.N. General Assembly. Sean Murphy,…
The Early Edition: October 29, 2018
Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and…
Recap of Recent Pieces on Just Security (Oct 20-26)
Topics include: racial justice, immigration, Russia investigation, Yemen War, Africa policy, use of force.
Immigrants’ First Amendment Rights at Stake as the Second Circuit Hears Ragbir Case
Are federal immigration officers free to retaliate against immigrant activists who exercise their First Amendment rights? That is the question the Second Circuit will confront…
Like His Boss, Pence Misleads Public About Terrorism and Immigration
Vice President Mike Pence's statement this week about apprehending terrorists at the southern border was wrong and is consistent with the administration’s practice of dressing…
The Constitutional Challenge to Robert Mueller’s Appointment (Part II): Is Mueller Even an Officer Subject to the Appointments Clause?
[With minor oral argument update; Nov. 8] As I explained in my introductory post, in the case challenging the legality of Robert Mueller’s appointment, Miller v. United States,…
(Not So) Fast and Furious Settlement in Congressional Subpoena Case
Efforts to settle lengthy litigation over congressional subpoena power and executive privilege hit a snag this week. Judge Amy Berman Jackson declined to vacate her executive privilege…
U.S. Military’s “Collective Self-Defense” of Non-State Partner Forces: What Does International Law Say?
Earlier this month, Senator Tim Kaine made public a letter he wrote to Secretary of Defense Jim Mattis asking for clarification on the meaning of “collective self-defense of…