Reflections on Bin Laden’s Death
After giving myself a day to reflect on Bin Laden’s death, here are a few thoughts that occurred to me. First, the killing of Bin Laden is obviously a significant development in the conflict with Al...
View ArticleThe Death of Bin Laden and the AUMF
In a recent post, Bobby raised the question of what impact, if any, Bin Laden’s death would have on the legal effect of the Authorization for Use of Military Force, or “AUMF.” As I noted in a post...
View ArticleObama’s Foreign Policy and the Imperial Presidency
Ross Douthat, a columnist for the New York Times, has an interesting op-ed today in which he notes that President Obama’s foreign policy is similar to that of President Bush’s but is subject to less of...
View ArticleInteresting Case Concerning the President’s Recognition Power
The Supreme Court recently granted review in a case, Zivotofsky v. Secretary of State, that concerns the scope of the President’s power to recognize foreign governments. This case is the latest...
View ArticleIs There Any Law in the Law of War Powers?
There is much discussion today about the apparent decision of the Obama Administration to ignore the provision in the War Powers Resolution that requires that the President either terminate the use of...
View Article“War” and the Killing of Al-Awlaki
The functional arguments in support of the killing of Al-Awlaki — that he posed substantial, verified threats to the United States and could not reasonably be apprehended and placed on trial — seem...
View ArticleForeign Official Immunity in U.S. Courts Since Samantar
The U.S. Court of Appeals for the Fourth Circuit recently issued a decision that has the effect of both limiting political branch control over human rights suits against foreign officials while at the...
View ArticleTerrorists, Pirates, and Drug Traffickers: Customary International Law and...
As I discuss in my forthcoming book, International Law in the U.S. Legal System, regardless of whether customary international law has the status of self-executing federal law, it can play an important...
View ArticleBond v. United States and the Treaty Power Debate
The Supreme Court recently agreed to hear an important case concerning the government’s foreign affairs powers, Bond v. United States. That case, which involves a criminal prosecution under the...
View ArticleWar Powers, Syria, and Non-Judicial Precedent
One claim that is being made about President Obama’s decision to seek congressional authorization for military action in Syria is that it is likely to weaken the authority of the presidency with...
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