In association with the International Commission of Jurists

Symposia

28 Jul

Thanks to Chris and his colleagues at OJ for giving me an opportunity to participate in this important discussion. Today we're focused on broad premises underlying the book, and in particular the utility of using the concept of war in connection with counterterrorism policy.  Peggy's most recent post critiques the Bush Administration's emphasis on the war model, concluding that "the framing of...

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28 Jul

Peter makes two points, one with which I largely agree, the other with which I disagree. Agreement first: I have no doubt that the structures we create to fight terrorism have to be reconcilable not only with the American constitutional tradition but with international law as well. While I am skeptical that a meeting of the minds between American and European...

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28 Jul

I will join the chorus of praise for this terrific book. But I want to add briefly to Peter’s critique of Ben’s premise that the current threat from transnational terrorism has us in a “long war,” by looking at what this means for broader foreign policy – one that encompasses, but it is not driven by, domestic legal policy. The book correctly,...

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28 Jul

This is a great book and there's a lot to chew on here.  By way of taking up Ben's opening volley, I have two general thoughts:  1) things may need some fixing, but not necessarily at the foundational level framed in the book, and 2) to the extent things do need fixing, international law has to be in the picture. The first point...

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28 Jul

Let me start by thanking Chris for hosting this discussion, of which I'm delighted to be a part, and by thanking as well all of those who are participating. It really is a wonderful group, and I'm excited about the coming exchange. I wrote Law and the Long War out of a sense of frustration with the debate that has developed over...

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28 Jul

We are pleased to host this week a discussion of Benjamin Wittes’ book Law and the Long War. Ben's book is a comprehensive analysis of how September 11th did--and did not--change National Security Law, the disparate group of legal mechanisms related to counter-terrorism. It is also about what the role of law in counter-terrorism should be. It is a book that is sure...

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25 Jul

I just wanted to remind everyone that next week we will host a discussion of Benjamin Wittes' book Law And the Long War. Besides Ben, Bobby Chesney (Wake Forest),  Geoff Corn (South Texas), Glenn Sulmasy (U.S. Coast Guard Academy), Steve Vladeck (American University), Marty Lederman (Georgetown) and possibly one or two others will be joining us for the book symposium. ...

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07 Jul

The Council on Foreign Relations and Opinio Juris are pleased to announce a book discussion with Derek Chollet and James Goldgeier on their recent book, America Between the Wars: From 11/9 to 9/11. Here is a brief description of the book: America Between the Wars shows that America did not change in one day. The tragedy of 9/11 and its...

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18 Jun

Foreign Affairs Magazine Online has just posted a review essay by Curtis Bradley of Benjamin Wittes' new book, Law and the Long War. Bradley writes:In an important new book, Law and the Long War, Benjamin Wittes, a fellow and the research director in public law at the Brookings Institution, critiques what he calls the "legal architecture" of the war on...

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12 Jun

The Supreme Court has just rendered its decision in Boumediene v. Bush, announcing that the DTA procedures are not an adequate and effective substitute for habeas corpus and that the MCA operates as an unconstitutional suspension of the writ. Opinio Juris is very pleased to announce an “insta-symposium” to discuss the decision. We have an amazing line-up of guests, including...

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