National Security Law Pedagogy and the Role of Simulations

This article challenges the dominant pedagogical assumptions in the legal academy. It begins by briefly considering the state of the field of national security law, noting the rapid expansion in employment and the breadth of related positions that have been created post-9/11. It considers, in the process, how the legal academy has, as an institutional matter, responded to the… Continue reading National Security Law Pedagogy and the Role of Simulations

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… Continue reading Unknotting the Tangled Threads of Watergate Lore

Can the President and Congress Establish a Legislative Veto Mechanism for Jointly Drawing Down a Long and Controversial War?

To find a joint way to draw down the American troops in the war zone, Congress and the President may seek congressional mechanisms to resolve their differences with interactive processes. Then, constitutional issues arise as to whether a congressional mechanism may use a legislative veto – authorization for a drawdown with a reservation of power for a vote by the two Houses of Congress – so as to let the President draw down troop levels while reserving congressional power to stop that draw down. These issues illuminate war powers in the abstract; the issues also apply concretely to the main war of the 2010s, namely, the long war in Afghanistan.