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Just Security

A Supplement to Steve Vladeck’s Assessment of the Supreme Court’s Treatment of Courts-Martial

Professor Steve Vladeck recently published an interesting analysis of the Supreme Court’s “troubling neglect of courts-martial,” and I agree with most of what he puts forth.…
Just Security

Obama Shouldn’t Wait for Congress to Ensure He Leaves Behind a Clearly Defined War

Against the backdrop of a collapsing ceasefire in Syria, President Obama announced last week that he approved the deployment of an additional 250 special operations troops to Syria,…
Just Security

The Fuzzy Scope of the Forever War Needs Definition

For years now, the questions of where and with whom exactly the United States is at war have been treated as somewhat academic. It’s not that they didn’t matter, but a gridlocked…
Just Security

A Wider Talent Pool Means a Stronger Marine Corps: A Response to Rep. Hunter

In a January 8 interview with Politico, Rep. Duncan Hunter (R-Calif.) asserted that Secretary of the Navy Ray Mabus’s support for opening all combat roles in the Marine Corps…
Just Security

The Irresponsible Institutional Politics of an “Election Year”

This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
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The Schiff AUMF: It’s even better than that

I heartily concur in the praise that Jen and Steve, and Jack Goldsmith, have heaped upon the new draft AUMF proposed by Representative Adam Schiff. Indeed, my enthusiasm for…
Just Security

Rep. Schiff’s Newly-Proposed AUMF: Praise And A Caveat

Over at Lawfare, Jack Goldsmith praises Adam Schiff’s newly-proposed Consolidated Authorization to Use Military Force. With one important caveat (see below), we share in Jack’s…
Just Security

Veterans Day

Members of the 369th Infantry Regiment, known as the “Harlem Hellfighters,” displaying their Croix de Guerre in 1919, awarded for gallantry in action during World War I. Image…
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Congress: Troops to Syria Means It’s Time (Finally) to Act

News that the United States has sent its first — albeit “fewer than 50” — troops to fight ISIS in Syria highlights once again the need for a new authorization to use military…
Just Security

Politicization of Intelligence: Lessons From a Long, Dishonorable History

The Daily Beast and the New York Times have reported allegations that senior (but thus far unidentified) Defense Department and United States Central Command (CENTCOM) officials…
Just Security

The Alarming Gaps in Military Appellate Review

We pay a lot of attention on this blog to the Guantánamo military commissions and the principal structural defect in those tribunals as currently constituted, to wit, their power…
Just Security

The Government’s Overstated Rehearing Petition in al Bahlul

I wasn’t originally planning to blog about the petition for rehearing en banc filed by the government on Monday in al Bahlul v. United States, challenging the three-judge…
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