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26 Jan 2018, 4:00 am by Matthew Waxman
It also bolsters several arguments that Philip Bobbitt makes in his incisive review of John Hart Ely’s “War and Responsibility” (Michigan Law Review, 1994). [read post]
2 Jan 2018, 8:00 am by Jane Chong
In September, I identified four myths that dog discussions about presidential impeachment. [read post]
28 Dec 2017, 1:08 pm by Victoria Kwan
Bobbitt and Akhil Reed Amar. [read post]
21 Dec 2017, 9:41 am by Jordan Brunner
    ICYMI: Yesterday on Lawfare Philip Bobbitt explained why China would want to offer extended deterrence to North Korea. [read post]
20 Dec 2017, 10:18 am by Garrett Hinck
Philip Bobbitt argued that North Korea has misunderstood the United States’ disincentives to push for regime change in Pyongyang. [read post]
19 Dec 2017, 12:10 pm by Vanessa Sauter
  Philip Bobbitt offered an alternative approach to defusing the ongoing crisis with North Korea. [read post]
4 Dec 2017, 4:00 am by Bob Bauer
Philip Bobbitt raised this possibility in May of this year, and the facts that have since come to light add support to his conjecture. [read post]
5 Sep 2017, 5:30 am by Matthew Waxman
One hundred years ago today—on September 5, 1917—Charles Evans Hughes famously argued that “the power to wage war is the power to wage war successfully. [read post]
20 Jul 2017, 11:00 am by Jane Chong
According to Philip Bobbitt, in bribery terms, Trump "came perilously close to violating the constitution" during his private January dinner with then-FBI director James Comey when he asked if Comey wanted to keep his job and then “raised the subject of Comey terminating the Russia investigation. [read post]
13 May 2017, 8:51 am by Quinta Jurecic
Helen Murillo considered whether Comey’s dismissal constitutes a potential case of obstruction of justice, and Philip Bobbitt weighed in as well. [read post]
10 May 2017, 1:49 pm by Helen Klein Murillo
Philip Bobbitt argued that President Trump likely instructed former National Security Adviser Michael Flynn both to contact the Russian ambassador and to lie about it, and that President Trump’s later firing of Flynn might have been a desperate attempt to conceal his own role. [read post]
24 Jan 2017, 7:44 am
Truthmakerless constitutional theories like those of Judge Posner, Eric Segall or the early Felix Frankfurter cannot vindicate “wrong the day it was decided” (WTDIWD) data from the Court itself, and irreducibly plural constitutional theories like those of Philip Bobbitt cannot vindicate such data in cases where constitutional modes conflict. [read post]
2 Jan 2017, 11:46 am by Andrew Kent
That is a common view today (see, for example, the recent exchange at Just Security where Philip Bobbitt made this point about Jameel Jaffer’s new book). [read post]
4 Dec 2016, 10:13 am by Stephen Griffin
Philip Bobbitt, who to my mind does not enter the lists often enough, has a very insightful review of Jameel Jaffer's book on drone strikes up on the Just Security website. [read post]
12 Nov 2016, 7:42 am by Zachary Burdette
Philip Bobbitt commented on Trump, the electoral college, and nuclear deterrence. [read post]
8 Nov 2016, 1:19 pm by Zachary Burdette, Quinta Jurecic
Sectarian tensions are already simmering before the Raqqa offensive has really begun, the AP reports. [read post]
8 Nov 2016, 6:10 am by Jane Chong
To avoid falling into the cognitive trap that Philip Bobbitt once dubbed Parmenides’ Fallacy—downplaying the costs of inaction—we must consider the likelihood and magnitude of damage leaks could have wrought had Comey chosen nondisclosure. [read post]
8 Apr 2016, 4:47 am by Robert Chesney, Steve Slick
Intelligence Moderator: Philip Bobbitt (Professor of Law, Columbia University) Joan Dempsey (former Executive Director of the President's Foreign Intelligence Advisory Board) Brett Holmgren (National Security Council Senior Director for Intelligence Programs) Kenneth Wainstein (former Homeland Security Advisor and FBI General Counsel) 10:30 - 11:30 am       Safeguarding Civil Liberties and Countering Terrorism Moderator: Kenneth Wainstein David Medine… [read post]
19 Feb 2016, 8:40 am by JB
And if, like Philip Bobbitt, you believe that constitutional discourse is structured in terms of standard tropes and forms of argument, that is exactly what you would predict. [read post]
11 Jan 2016, 12:43 pm by Carrie Cordero
There are three responses pieces: one by Steve Slick (online version here and pdf here), Director of the Intelligence Studies Project at the University of Texas at Austin; one by Philip Bobbitt (online version here and pdf here), the Herbert Weschler Professor of Federal Jurisprudence at Columbia Law School and Distinguished Senior Lecturer at the University of Texas Law School; as well as my own response (online version here and pdf here). [read post]