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12 Sep 2014, 7:08 am by Ashley Deeks
As Steve (on Lawfare), Marty Lederman (at Just Security), and Deborah Pearlstein (at Opinio Juris) have analyzed, in making this argument the Administration seems to suggest that ISIS is al Qaeda. [read post]
18 Jun 2014, 3:30 am by Mark Kende
As Professor Deborah Pearlstein shows in her important new article, Law at the End of War, U.S. [read post]
3 Jun 2014, 12:36 pm
NOTE: In developing this post, I have been influenced by arguments made by legal scholars Larry Rosenthal and Deborah Pearlstein on a constitutional law professor e-mail list that I am a member of. [read post]
19 May 2014, 2:50 pm by Kenneth Anderson
Deborah Pearlstein of Opinio Juris and Cardozo Law School sponsored a fabulous roundtable on this subject last year, which brought together a wide variety of viewpoints on whether the new regime would just be the old regime in new justificatory language; Deborah’s recent draft article is at SSRN. [read post]
6 May 2014, 7:00 am by Peter Margulies
 Deborah Pearlstein has suggested in an insightful piece that courts have not invariably deferred to the Executive in determining the temporal boundaries of armed conflicts. [read post]
5 Sep 2013, 11:29 am by Jack Goldsmith
Deborah Pearlstein pointed me to this MSNBC interview with Deputy National Security Advisor Tony Blinken, in which Blinken states (around the 8:45 mark): As a matter of international law, you’re correct that either the Security Council needs to act or you need to be acting in self defense or in the defense of a partner country. [read post]
6 Jun 2013, 9:45 am
Huskey, A Strategic Imperative: Legal Representation of Unprivileged Enemy Belligerents in Status Determination Proceedings Deborah Pearlstein, The Law of the Possible in Armed Confilct: A Comment on Unprivileged Belligerents, Preventive Detention, and Fundamental Fairness Dina Francesca Haynes, Naomi Cahn, & Fionnuala Ní Aoláin, Women in the Post-Conflict Process: Reviewing the Impact of Recent U.N. [read post]
26 Apr 2013, 7:25 pm by Ashley Deeks
Julian Ku and Deborah Pearlstein at Opinio Juris noted this problem earlier today here and here, respectively. [read post]
26 Mar 2013, 10:36 am by Patrick S. O'Donnell
—Ben Saul After reading an important article by Phillip Carter and Deborah Pearlstein in Foreign Policy, “The Appeal of the Courts,” concerning the counterterrorism strategies of states (individually and in concert) and the reasons why a “blended, postwar approach” in which “the military plays a supporting, not a leading, role” has of late become the dominant model and should in fact be the preferred model generally for such strategies, I… [read post]
26 Mar 2013, 10:29 am by Patrick S. O'Donnell
—Ben Saul After reading an important article by Phillip Carter and Deborah Pearlstein in Foreign Policy, “The Appeal of the Courts,” concerning the counterterrorism strategies of states (individually and in concert) and the reasons why a “blended, postwar approach” in which “the military plays a supporting, not a leading, role” has of late become the dominant model... [read post]
25 Mar 2013, 9:52 pm by Robert Chesney
Philip Carter and Deborah Pearlstein have posted a thoughtful essay at Foreign Policy that emphasizes the utility of civilian criminal prosecution as a counterterrorism option. [read post]
11 Feb 2013, 9:01 am by Raffaela Wakeman
Deborah Pearlstein wrote in Slate about those details that were left out of the White Paper. [read post]
22 Jan 2013, 7:02 am by Patrick S. O'Donnell
” It could be in reference to the war in Iraq as well, as Deborah Pearlstein points out in her post at Opinio Juris: “A Decade of War is Ending. [read post]
18 Jan 2013, 2:08 pm by Robert Chesney
   As Deborah Pearlstein points out, there is a fuzzy issue here in that the legitimate government of Mali was deposed in a military coup last spring, raising the issue of whether Traore had authority to consent on Mali’s behalf. [read post]
20 Dec 2012, 5:04 am by Patrick S. O'Donnell
At Opinio Juris, Deborah Pearlstein shares with us a letter from three U.S. senators to the Chairman and CEO of Sony Pictures Entertainment on the role torture plays in the new film, Zero Dark Thirty, directed by Kathryn Bigelow, a “master of heightened realism and narrative drive. [read post]
20 Dec 2012, 4:56 am by Patrick S. O'Donnell
At Opinio Juris, Deborah Pearlstein shares with us a letter from three U.S. senators to the Chairman and CEO of Sony Pictures Entertainment on the role torture plays in the new film, Zero Dark Thirty, directed by Kathyrn Bigelow, “a master of heightened realism and narrative drive. [read post]
20 Jul 2012, 1:01 pm by Robert Chesney
As Deborah Pearlstein points out in her recent post on Opinio Juris, President Obama in May took pains to say that “we are not at war with Yemen. [read post]
18 Jul 2012, 9:02 am by Deborah Pearlstein
by Deborah Pearlstein It’s not news that the United States has been actively using armed force in Yemen for some time. [read post]