National Security Law

Eric Posner has a new post at The Volokh Conspiracy, "Surge of Ignorance," in which he quotes a number of New York Times columnists expressing skepticism toward the surge and then links -- in a different color font, for emphasis -- to a NYT article entitled "U.S. Hands off Pacified Anbar, Once Heart of Iraqi Insurgency."  Posner offers no editorial...

I would like to begin by echoing Ben Wittes thanks to Chris and his colleagues for creating this vehicle for informal but rigorous discussion of critical issues at the juncture of law and public policy. And of courseI want to express my appreciation at being invited to discuss the themes of my book only partially because, as Oscar Wilde once...

This week we are pleased to host the first discussion in the Oxford University Press/ Opinio Juris Book Club. Tom Farer, the Dean of the Josef Korbel School of International Studies at the University of Denver, will join us to discuss his new book, Confronting Global Terrorism and American Neo-Conservatism: The Framework of a Liberal Grand Strategy. In addition, Kristen Boon...

My blogging has slowed down the past couple of weeks, because I've been traveling and finishing a book chapter that criticizes Moreno-Ocampo's approach to deciding which situations to investigate.  (See my previous post.)  But I would be remiss if I did not mention this interesting piece of news -- the Fifth Circuit has reversed the district court's dismissal of the...

Some hard-working soul on the Democratic vice presidential vetting team had to make her way through a law review article Joe Biden co-authored in the late 1980's on constitutional war powers. The piece is pretty safe stuff, advocating a "joint decision model" for use-of-force decisionmaking. In the course of proposing some tinkering with the War Powers Resolution, there is this...

I wrote a couple of weeks ago about my experiences in Georgia in the early 1990s, monitoring the various conflicts - Abkhazia, South Ossetia, and the then-Georgian civil war in Tbilisi.  I noted that those secessionist conflicts were marked on each side by ethnic cleansing as extreme as anything I saw in the Yugloslav wars (a country which I also...

(First, before anything else, a welcome to Eric Posner back to the blogosphere, lately of Slate's Convictions (in the same shutdown that gave OJ the welcome opportunity to snag Deborah Pearlstein) and now of Volokh Conspiracy, where Eric has been posting particularly related to the resurgence of Russia.) I have been writing in my own draft work this summer about the...

For anyone following the situation in Georgia and US/ Russian relations, there was a very interesting statement and Q&A today from Secretary of State Rice, who is in Brussels for meetings at NATO. Among other things, she announced the creation of a new NATO-Georgia cooperative framework and also discussed the concerns about isolating Russia. Among other topics, she also answered questions about...

I've missed Eric Muller's blogging at Is That Legal? -- but he has obviously put his free time to good use, because his new article on the Supreme Court's decision in Hirabayashi v. United States is sensational.  Here is the abstract: This Article presents newly discovered archival evidence demonstrating that government lawyers told a crucial lie to the United States Supreme...

John McCain on Guantanamo Bay, during a question-and-answer session with Walter Isaacson: it may be one of the nicest places in the world to live in. Hyperbole or not, shouldn't comments like that disqualify someone from being president? ADDENDUM: This is a pretty good one, too, concerning Russia's invasion of Georgia: My friends, we have reached a crisis, the first probably serious crisis internationally...

Following is a statement that Secretary of State Rice made today in Tbilisi regarding the sirtuation in Georgia, the cease-fire agreement, and next steps. I have also included an excerpt from her Q&A with reporters and highlighted throughout a few parts that I thought were particularly interesting. SECRETARY RICE: Thank you, Mr. President.  Mr. President, as President Bush noted in his statement a couple...

Last October, Col. Morris Davis resigned as chief prosecutor of the military commissions, claiming that Brig. Gen. Thomas Hartmann had interfered with the prosecutor's office, pressured him to use classified evidence -- requiring sessions to be conducted behind closed doors -- and encouraged the use of evidence obtained through waterboarding.  Col. Davis filed a formal complaint at the time, but...