Readings: David Skeel on Religion and the US Military
University of Pennsylvania law professor David Skeel has an important opinion piece in the December 28, 2012 Wall Street Journal on the role of religion in the US military, “The Military Balance of...
View ArticleThe Logic of Cyber-Regulation Seen in Iranian Cyber-Attacks on U.S. Banks
The WSJ reports that U.S. banks “are pressing for government action to block or squelch what Washington officials say is an intensifying Iranian campaign of cyberattacks against American financial...
View ArticleNo USG Appeal in Hamdan; Stay Tuned for al-Bahlul
We end the evening with this procedural nugget from Jess Bravin of the Wall Street Journal: in Hamdan II, the deadline for the United States to seek en banc review from the D.C. Circuit, or a writ of...
View ArticleDenial of Territory to Terrorist/Insurgent Groups in Counterterrorism Strategy
Jack and Ben have already flagged their entries in a Hoover Institution Task Force on National Security and Law series on national security challenges for the second Obama term (Hoover is adding one...
View ArticleThe US Government Position on Imminence and Active Self-Defense
(Updated and extended.) The White Paper’s reference to imminence has occasioned some heated rhetoric about the Obama administration stretching the notion beyond all possible ordinary meaning or...
View ArticleJohn Yoo on Targeted Killing White Paper
John Yoo has a piece in the WSJ which argues that the real problem with the White Paper is that it extends due process protections to enemy combatants on the battlefield, thereby threatening to...
View ArticleBreaking: U.S. Captures Osama bin Laden’s Son-in-Law in Jordan
So reports the Wall Street Journal: A son-in-law of Osama bin Laden and longtime suspected member of al Qaeda has been captured by U.S. officials, who are preparing to bring him to the U.S. to face...
View ArticleMore on Drone Shift from CIA to DOD
Following up on Wells’ post, I increasingly think that the shift in drone authorities from CIA to DOD first reported by Dan Klaidman might not amount to much in substance, and that any proposed...
View ArticleThe AUMF Will Soon Extend to Syria (If It Doesn’t Already)
The WSJ has a story (behind paywall, I think) about the CIA “expanding its role in the campaign against the Syrian regime by feeding intelligence to select rebel fighters to use against government...
View ArticleCourt Prohibits Government Hack Back
This report from today’s Wall Street Journal is fascinating. It involves the decision of a Magistrate Judge to deny a government application for a search warrant in which the government proposed to...
View ArticleBlaming (or Crediting) the Lawyers for Our Syria Policy
This morning both the WSJ (behind paywall) and NYT have stories on how law and lawyers have influenced the changing USG posture on intervening in Syria. The gist of the WSJ story is that...
View ArticleStatement from the NSA and ODNI on WSJ Story
In response to yesterday’s story in the Wall Street Journal on surveillance of internet communications, the NSA issued this statement: … Read more »
View Article“Drones Are the Future for Dull or Dangerous Missions”
The splendidly quotable title quote – “Clearly, drones are the future for dull or dangerous missions” – comes from Dan Jangblad , chief strategy officer for Sweden’s aerospace company, Saab AB, by way...
View ArticleNew Reports on Drone Strike Casualties in Pakistan and Yemen
Two human rights groups released reports today on civilian casualties from selected drone strikes in Pakistan and Yemen. Amnesty International’s “Will I Be Next?” US Drone Strikes in Pakistan...
View ArticleKiller Robots and the Laws of War in Monday’s Wall Street Journal
Today’s Wall Street Journal carries an op-ed piece by Matt and me on the regulation of autonomous weapon systems, “Killer Robots and the Laws of War: Autonomous Weapons Are Coming and Can Save Lives....
View ArticleIs the AUMF Next?
Hmmmm. Here’s a very interesting few paragraphs from the Wall Street Journal: The president’s speech, to be delivered at the Justice Department, caps a process that was similar to the one he undertook...
View ArticleTime To Terminate the Iran-US Claims Tribunal
I have an op-ed in today’s Wall Street Journal entitled “This Other Deal With Iran Is Obsolete” in which I argue that the current discussions between the US and Iran to reach a permanent agreement...
View ArticleJudge John Bates for the AO on Leahy Surveillance Bill
Over at the Wall Street Journal, Siobhan Gorman is reporting on a new letter from the Administrative Office of the U.S. Courts on Sen. Leahy’s FISA reform legislation. Signed by U.S. District Judge...
View ArticleU.S. Air Strikes in Iraq Begin
The Pentagon tweets that the U.S. military has begun airstrikes against Islamic State (IS) positions in Iraq. Precisely, force has been deployed against IS artillery that was used “against Kurdish...
View ArticleThe Politics of War Powers in Iraq
The WSJ reports that the initial success of American airstrikes in Iraq is spurring a push for broader military engagement against the Islamic State (IS, or ISIS, or ISIL) in Iraq. Our deepening...
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