executive branch
131 Articles
The Just Security Podcast: Murder on the High Seas Part III
Tess Bridgeman is joined by Rebecca Ingber and Brian Finucane to assess the latest strikes, the brief detention of two survivors, where the campaign may be headed, and what…
Export Controls and U.S. Trade Policy: Making Sense of the New Terrain
The Trump administration's use of export controls as leverage in trade diplomacy creates risks for key U.S. national security interests.
When Deference is No Longer Due
Reasons for historical deference to the executive branch's judgement in matters of national security and foreign affairs have been severely undermined.
The Crisis in Uniform: The Danger of Presidential Immunity for the U.S. Military
Military personnel are increasingly alert to the prospect that they may be asked to prioritize loyalty to an individual over their legal rights and responsibilities.
The Trump Administration’s Use of State Power Against Media: Keeping Track of the Big Picture
Tracking the use of State power requires systematically identifying linkages between individual developments and broader trends. This graphic offers one method.
Legal Flaws in the Trump Administration’s Notice to Congress on “Armed Conflict” with Drug Cartels
The Trump administration’s “armed conflict” justification, however, is groundless.
Taking Stock of the Birthright Citizenship Cases, Part IV: DOJ’s Ineffective Responses to Plaintiffs’ Statutory Argument
Analysis of birthright citizenship statutory arguments now before the Supreme Court.
US Servicemembers’ Exposure to Criminal Liability for Lethal Strikes on Narcoterrorists
Analysis by former career judge advocate officer and former court-martial prosecutor.
Trump’s Use of Consent Decrees to Dismantle Policy
The administration has turned consent decrees into a deregulatory weapon, and courts are beginning to confront the limits of that strategy.
Rethinking IEEPA Accountability and Oversight
Congress can take steps now to revise IEEPA & strengthen accountability & oversight when the executive branch leverages U.S. economic powers.
Murder by Drone: The Legal and Moral Stakes of the Caribbean Strikes
If allowed to go unchecked, the Caribbean strikes could encourage additional unlawful executions by the United States and other leaders.
Asserting a License to Kill: Why the Caribbean Strike is a Dangerous Departure from the “War on Terror”
An absence of credible legal basis for the Caribbean strike suggests the Trump admin is asserting a prerogative to kill outside the law.