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Presidential Policy Guidance

"Areas of Active Hostilities" and Authority to Authorize Attacks Without White House Involvement

A recent U.S. News article on “‘Areas of Active Hostilities’: Trump’s Troubling Increases to Obama’s Wars"  correctly identifies what could be a very important policy problem, but confuses the issue by focusing on the legal dimension.

2001 AUMF

Mullah Mansour as a "Continuous" Threat: Was the AUMF Strictly Necessary?

The DOD airstrike that may have killed Taliban leader Mullah Mansour is interesting, from a legal perspective, at many levels.  From an international law perspective, as Marty Lederman explains here, it looks to be another example of action under color of the much-discussed unwilling/unable principle (unless of course there was conse

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