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3 Jul 2012, 8:01 am by Nabiha Syed
Deborah Pearlstein of Balkinization explains that she has “a hard time seeing the decision as quite so necessarily damaging on its own to the future power of the feds,” while Steven Schwinn of Constitutional Law Prof Blog contends that the decision’s net effect on the Necessary and Proper Clause was “[v]ery little. [read post]
11 Jun 2012, 11:09 am by Deborah Pearlstein
by Deborah Pearlstein The temptation is strong to write about the Supreme Court’s decisions this morning to deny review to the latest set of Guantanamo detainee cases to come before it. [read post]
30 May 2012, 5:00 am by Jessica Dorsey
” After yesterday’s New York Times story about Obama and targeted killings pointed out by our own Deborah Pearlstein, Foreign Policy mapped where the drones are. [read post]
29 May 2012, 9:51 am by Deborah Pearlstein
by Deborah Pearlstein Of all the items to capture blogospheric attention this Memorial Day weekend – one of the few times a year in the States when more than a handful of popular news outlets focus on what it means for our military and our country that we have been at war for more than a decade – MSNBC pundit Chris Hayes’ remarks on the nature of heroism seem to have risen to the top. [read post]
29 May 2012, 8:14 am by Kenneth Anderson
Opinio Juris’ Deborah Pearlstein focuses in on a key passage in the story, one that talks about the essentially casuistical evolution of targeting standards, case by case: It is the strangest of bureaucratic rituals: Every week or so, more than 100 members of the government’s sprawling national security apparatus gather, by secure video teleconference, to pore over terrorist suspects’ biographies and recommend to the president who should be the next to die. [read post]
29 May 2012, 4:04 am by Deborah Pearlstein
by Deborah Pearlstein I’ll look forward to digesting today’s lengthy, front-page article along with my colleagues. [read post]
24 May 2012, 12:23 am by Laura Dickinson
Deborah Pearlstein emphasizes that privatization is just one part of a new era of watered-down checks on the war power, an era that perhaps began with the demise of the citizen-soldier. [read post]
19 May 2012, 6:00 am by An Hertogen
Deborah Pearlstein’s comments situated the issue of liability of private military contractors against the broader background of waning legal and political accountability in the use of American war power more generally. [read post]
17 May 2012, 7:00 am by Steve Vladeck
In addition to two posts (so far) from Laura, there are also contributions from Deborah Pearlstein (Cardozo Law), Allison Steiner (Middlebury College political science), and now one from me expressing some concern about too much zeal for accountability given the United States’ strange-but-true prosecution of a South African national under the Military Extraterritorial Jurisdiction Act for an assault committed against a British national on a NATO base in… [read post]
17 May 2012, 6:00 am by Steve Vladeck
And although I think Deborah Pearlstein is exactly right to link the problems of contractor liability to the broader “waning public accountability for national security and military affairs more generally,” the specifics also matter, since a host of recent legal developments have focused on the case for (or against) contractor accountability as such. [read post]
16 May 2012, 11:25 am by Deborah Pearlstein
by Deborah Pearlstein This is the second day in our discussion of Professor Dickinson’s book Outsourcing War and Peace: Preserving Public Values in a World of Privatized Foreign Affairs. [read post]
14 May 2012, 1:00 pm by An Hertogen
Comments will be provided by Professor Allison Stanger of Middlebury College, Scott Horton of Harper’s Magazine, Assistant Dean Jeff Walker of St John’s Law School and Opinio Juris’ own Deborah Pearlstein, Ken Anderson and Chris Borgen. [read post]
12 May 2012, 6:00 am by An Hertogen
Deborah Pearlstein addressed the question whether things might have gone differently had a regular criminal court been the forum for this trial. [read post]
7 May 2012, 8:38 am by Deborah Pearlstein
by Deborah Pearlstein Remarkably big news week last week in U.S. law and security matters – alas one that happened to coincide with the final week of our law school semester. [read post]
28 Apr 2012, 6:00 am by Jessica Dorsey
Deborah Pearlstein commented on Charlie Savage’s NY Times article about executive power, and after a thought-provoking comment by Savage himself, clarified her position. [read post]
24 Apr 2012, 3:48 pm by Deborah Pearlstein
by Deborah Pearlstein My earlier post on executive power generated some good, thoughtful comments. [read post]
24 Apr 2012, 6:13 am by Deborah Pearlstein
by Deborah Pearlstein Charlie Savage’s odd article in yesterday’s New York Times prompted another exchange in the ongoing conversation about whether the Obama Administration’s assertions of executive power can be meaningfully distinguished from those of George W. [read post]
21 Apr 2012, 6:00 am by An Hertogen
Another speech attracting attention was Deborah Pearlstein’s discussion of a dinner talk by General Michael Haydn, CIA Director under George W. [read post]
18 Apr 2012, 6:06 pm by Deborah Pearlstein
by Deborah Pearlstein I had the pleasure of attending a terrific conference at Duke this past weekend, hosted by the Center on Law, Ethics and National Security. [read post]
3 Apr 2012, 11:20 am by Deborah Pearlstein
by Deborah Pearlstein The past few weeks have seen some resurrection of the old claim that targeted killing operations have increased under the Obama Administration because detention of participants in armed conflict (as the United States defines it) has become too fraught with legal difficulty. [read post]