War and Armed Conflict

Iran’s legal claims for seizing the Maersk Tigris

Iran's purported legal justification for seizing the Maersk Tigris is paper thin. Strangely, many standard-bearers for the international rule of law have been rather quiet about this breach.

Intelligence Squared Debate: The president has exceeded his constitutional authority by waging war without congressional authorization

Video of this excellent Intelligence Squared debate is now available.

Lyman Trumbull: The anti-slavery and pro-Second Amendment Senator and lawyer

Illinois Senator Lyman Trumbull was a leading champion of anti-slavery, the Second Amendment, and the rights of working people.

Reactions to the Obama administration’s proposed ISIS AUMF

Obama's proposed congressional authorization for use of military force against ISIS has attracted critics from across the political spectrum. But it may be possible to revise it to eliminate its more important flaws.

Some details of the Obama administration’s proposed authorization for use of military force against ISIS [Updated with link to actual wording of the proposal]

Some details of the Obama administration's proposed congressional authorization for the use of military force against ISIS, which is likely to be submitted to Congress this week.

Obama calls for congressional authorization for the war against ISIS

President Obama's call for a congressional resolution authorizing his war against ISIS is a step in the right direction. But much more needs to be done to reestablish the constitutional norm that the president cannot initiate war without congressional authorization.

Croatian-Serb war offenses litigated under Illinois and Virginia conversion/trespass tort law

State tort law as part of the law of war.

Democratic Senator Tim Kaine calls the war against ISIS “illegal”

Democratic Senator Tim Kaine states that the war against ISIS is "illegal" because it lacks congressional authorization.

Continuing the debate over Clarence Thomas and Korematsu [Updated with brief response to Eric Muller]

The next (and probably final) round in the debate between me and Prof. Mark Kende over whether Justice Thomas supports the Supreme Court's notorious decision in Korematsu v. United States.

More on Clarence Thomas and Korematsu

Prof. Mark Kende and I continue our debate over whether Justice Clarence Thomas supports the Supreme Court's notorious 1944 Korematsu decision.

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