National Security

How military commissions are like the Cleveland Browns

Repeated changes in leadership are not a recipe for success.

Five puzzles about occupation and settlements: questions for Geneva

The State Parties to the Geneva Convention gather in Geneva today to discuss the Geneva Conventions, which in practice means criticizing Israel. If they were interested in developing the world's understanding of the treaties these treaties, here are five puzzles for them to solve.

Can the U.S. send domestic terrorists to international courts?

Can the U.S. transfer domestic trouble-makers to a hypothetical U.S.-Iran-Iraq Anti-Terror International Tribunal? The answer has some implications for more real, and popular, international criminal courts.

Laurie Blank follow-up on Gaza, proportionality, and the law of war

Professor Laurie Blank responds to reader comments on her 'Asymmetries and Proportionalities' op-ed on the law of war in the Gaza conflict.

National Constitution Center podcast on the legality of the Bergdahl exchange [Updated with a reply to Eric Posner]

University of Chicago law professor Eric Posner and I debate the legality of President Obama's deal exchanging five high-ranking Taliban commanders for captured US soldier Bowe Bergdahl.

The Obama administration’s dubious defense of the legality of releasing five high-ranking Taliban without giving Congress the required advance notice

The Obama administration's latest defense of the legality of releasing five high-ranking Taliban terrorists is creative, but extremely dubious.

Sheriffs and the posse comitatus

Sheriffs today continue to use their common law posse comitatus power to summon armed citizens to the aid of law enforcement.

The Helicopter Carriers of Cherbourg?

What it takes to have a naval contract cancelled depends on the enormity of the deal, not of the underlying conduct.

Intelligence Squared debate: The president has constitutional power to target and kill U.S. citizens abroad

Intelligence Squared presents a debate about whether the President can target and kill U.S. Citizens abroad.

Why holding the piracy statute’s life sentence unconstitutional was a mistake

A federal court that held it was "cruel and unusual" to sentence unsuccessful pirates to life in prison misunderstood international law, the Constitution, and the nature of piracy.

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