Today Duke Law 3L Anighya Crocker takes on a very timely topic: the scope of the President’s emergency powers and the role Congress can–and should–have in scoping these authorities while not hampering the Executive’s...
Can an unwilling President be obliged to wage war? The is the knotty–but not unimaginable–question with which Duke Law 3L Andrea L. R. Pillai grapples in her note, “Hawks and Doves: Evaluating Presidential Powers...
Thank you for visiting Lawfire®! The page has been superseded by the post found here: “Return to Sender? Analyzing the ‘Open Letter’ on U.S. Civil-Military Relations” has been published by Harvard Law’s National Security...
According to the UN, the Ukraine war has generated 1.5 million refugees, making it the “fastest growing refugee crisis since World War II.” My bet is that there will be thousands and maybe millions...
As the Supreme Court tells us, “no governmental interest is more compelling than the security of the nation.” Unfortunately, two prominent civilians – William Perry and Ambassador Thomas Graham – have each proposed separate...
Like many Americans, I was surprised to hear that Michèle Flournoy was not president-elect Joe Biden’s pick for Secretary of Defense. Frankly, I was also disappointed as I know her and she’s a brilliant...
One of my students asked me about a rather overwrought news story that headlined “Trump’s illness raises national security concerns as Pentagon looks to reassure public.” While the health of the President should always...
In a speech Monday evening, President Trump declared “All Americans were rightly sickened and revolted by the brutal death of George Floyd” and said he was “mobilizing all available, federal resources, civilian and military,...
With rattled governors calling out the National Guard, politicians demanding the mobilization of the military, pundits characterizing the coronavirus emergency as a national security threat, analysts claiming that “battling a pandemic is a job...
The case of Navy Chief Eddie Gallagher took another twist when the Navy’s announced that it intended to initiate an administrative personnel process for a “forced conversion” of Gallagher’s occupational rating. Translation: this could...
Charles J. Dunlap Jr., the former deputy judge advocate general of the United States Air Force, joined the Duke Law faculty in July 2010 where he is a professor of the practice of law and Executive Director of the Center on Law, Ethics and National Security.
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