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Unknotting the Tangled Threads of Watergate Lore

Unknotting the Tangled Threads of Watergate Lore

Reviewing Leak: Why Mark Felt Became Deep Throat by Max Holland “Holland does more than present what is certainly a more nuanced explanation for the leaks by the whistleblower “Deep Throat.” The research that goes into this relatively short book (200 pages of text, plus exhaustive footnotes) not only collects in one place the facts […]

A Knowledgeable Insider Warns of the Challenges in Shaping Counterterrorism Policies

A Knowledgeable Insider Warns of the Challenges in Shaping Counterterrorism Policies

“Stewart Baker has written an enthralling, yet alarming, account of the difficult road we as country have traveled since 9/11.1 Part memoir of a veteran senior government official, part lesson in interdepartmental infighting and bureaucratic power games, part philosophical musing on technology’s benefits and potential costs, and part vigorous advocacy enlivened by saucy humor and snappy prose, Baker’s book summons us to think hard about how new technologies – air travel, computer functionality, biotechnology – jeopardize our lives and our way of life even as they also promise to brighten our futures.”

nationalsecuritylaw forthcoming scholarship: Chesney on the Individual Scope of Detention Authority in the Habeas Caselaw

* Forthcoming Scholarship With apologies for the shameless self-promotion. Note that this is a draft, and comments/criticisms are welcome. “Who May Be Held? Military Detention Through the Habeas Lens” Robert Chesney (University of Texas School of Law) 52 Boston College Law Review (forthcoming 2011) We lack consensus regarding who lawfully may be held in military […]

Foreign Affairs and Separation of Powers in the Twenty-first Century

Foreign Affairs and Separation of Powers in the Twenty-first Century

John Yoo is nothing if not controversial. During his tenure at the Department of Justice’s Office of Legal Counsel (OLC), he became widely known for, among other things, drafting the Administration’s legal justification for the use of aggressive interrogation techniques.1 His prior academic writing also frequently staked out bold positions supporting expansive interpretations of executive power in the realm of foreign affairs. Yoo’s recent book, The Powers of War and Peace: The Constitution and Foreign Affairs After 9/11, amplifies many of the themes of his earlier work in academia. In it, he addresses two fundamental aspects of foreign policy making, the war power and the treaty power, each of which he analyzes from a decidedly revisionist perspective.