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How the Expansion of “Self-Defense” Has Undermined Constraints on the Use of Force

Legal Scholar Oona Hathaway examines how expansive U.S. interpretations of "self-defense" have shaped international law.
Side shot of Senator Tommy Tuberville

Senator Tuberville’s Folly, and the Senate’s

Senator Tuberville's hold on nominations in the U.S. armed forces underscores longstanding problems with the confirmation process.

Finally Ending America’s Forever War, Part II: Prescription

Leading legal scholar Harold Hongju Koh presents a long-term strategy for ending the "war on terror."

Introduction to Symposium: Ending Perpetual War

Marking the 22nd anniversary of 9/11, our new Symposium reflects on the enduring legacies of the "war on terror" and prospects for finally leaving the war path.

Finally Ending America’s Forever War, Part I: Diagnosis

On the 22nd anniversary of 9/11, leading legal scholar Harold Hongju Koh offers a grim diagnosis of how we got here and the challenges ahead.
Close shot of Eli Rosenbaum

How to Get Away With Crimes Against Humanity: The Statutory Gap in US Law

Congress can bring justice for victims of crimes against humanity by passing a statute with universal jurisdiction.
STRAIT OF HORMUZ (Aug. 6, 2023) An L3 Harris Arabian Fox MAST-13 unmanned surface vessel, front, the U.S. Coast Guard fast response cutter USCGC Charles Moulthrope (WPC 1141), the dry cargo and ammunition ship USNS Amelia Earhart (T-AKE 6) and the guided-missile destroyer USS Thomas Hudner (DDG 116) transit the Strait of Hormuz, Aug. 6, 2023. (U.S. Navy photo)

Renewed Tensions in the Persian Gulf: Further War Powers Lessons from the Tanker War

The possibility of unilateral use of force spiraling into conflict in the Middle East should generate a sense of urgency on Capitol Hill for tackling war powers reform.
Capitol Building

The House Tackles Zombie War Authorizations: Possibilities and Perils

Congress is trying to reassert itself after more than two decades of acquiescence to executive branch overreach on matters of war and peace.
Chief Justice Roberts and Justice Kagan sit in a crowd and watch the State of the Union address. They are both wearing black robes.

John Roberts Takes Control on Voting Rights

Despite some positive developments, it is likely that ongoing and future civil-rights litigation will be contoured to satisfy, not an audience of nine, but a Chief Justice whose…
Fishing boats behind a Chinese flag are seen in a harbour on Pingtan island, the closest point in China to Taiwan

Deterrence Lawfare to Save Taiwan

Recognition would be a powerful diplomatic weapon for the US should China abandon a peaceful means to resolve the island's governance.
Headshot of U.S. Speaker of the House Kevin McCarthy

Missed Opportunities in House FY24 NDAA for Human Rights Progress in U.S. Security Assistance

The House of Representatives' FY24 NDAA missed the mark in strengthening arms transfer law, which is currently opaque and outdated.

The Year of Section 702 Reform, Part III: Why Congress Should Not Exempt Warrantless “Foreign Intelligence” Queries

A cramped approach to protecting Americans’ privacy would be a mistake, both as a legal matter and a practical one.
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