Preventive Detention and Preventive Warfare: U.S. National Security Policies Obama Should Abandon

At the January 2009 Association of American Law Schools’ Section on National Security Law panel discussion, I and others urged the incoming Obama administration to make a clear and decisive break with the Bush administration’s national security policies.

National Security Reform for the Twenty-First Century: A New National Security Act and Reflections on Legislation’s Role in Organizational Change

National security threats in the twenty-first century, such as terrorism, proliferation, failing states, and climate change, are fast, dynamic, and complex. Meeting them successfully requires a capacity to integrate all instruments of U.S. national power – diplomacy, military force, intelligence, law enforcement, foreign aid, homeland security, education, transportation, and health and human services – into a single system supporting a common mission.

National Security Law Advice to the New Administration

By any measure, the period between September 11, 2001, and the 2008 presidential election witnessed an unprecedented tangle of controversies at the intersection of national security law and policy.