Recent Articles
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…
Businesslike Government, Presidential Power, and the Erosion of the Civil Service
Immediately after the election, I wrote about the administrative separation of powers, specifically about how the rivalrous and contentious interplay of politically appointed agency…
Judge Kollar-Kotelly dismisses Captain Smith’s suit
As expected, Judge Kollar-Kotelly has granted the government’s motion to dismiss Captain Smith’s suit challenging the legality of Operation Inherent Resolve. Importantly,…
The Early Edition: November 22, 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…
Human Rights in Armed Conflict, Part I
When powerful States adopt a mistaken view of international law, should we—scholars, practitioners, and activists—resist their view and insist on our own? Or should we regard…
10 Steps to Avoid Becoming a Tin Pot Kleptocracy (and safeguard our national security in the process)
The President-elect must make his tax returns public. The public at large will then know precisely the nature and form of his extensive business interests. The President-elect…
Why Trump’s Proposed Targeting of Muslims Would be Unconstitutional
As a candidate, Donald Trump notoriously called for a ban on the entrance of all Muslims, a database to track Muslims in the United States, for aggressive surveillance of “the…
The Early Edition: November 21, 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…
Recap of Recent Posts on Just Security (Nov. 13-Nov. 19)
I. National Security Lawyering in the Trump Administration David Kaye, Anticipating Trump: Should Government Lawyers Stay or Go? (Monday Nov. 14) David Luban, The Case Against…
More Options for Africa under the Rome Statute
African delegations attending the ongoing annual meeting of the Assembly of States Parties of the International Criminal Court (ICC) in The Hague have been voicing serious concerns…
Profiles of Trump’s National Security Picks: Flynn, Sessions and Pompeo
People make policy, so the saying goes. And on Friday, the Trump transition team unveiled three more names of men who would help President-elect Donald Trump make decisions, steer…