-
作者:Ingber, Rebecca
作者单位:Boston University
摘要:In exploring the Obama war powers legacy, this essay examines the systemic forces inside the executive branch that influence modern presidential decision making and, barring a total reimagining of the executive branch, will operate on administrations to come. These mechanisms and norms fall broadly within two categories: (1) features that favor continuity and hinder presidents from effecting change, including both novel assertions of executive power and attempts to dial back that power; and (2...
-
作者:[Anonymous]
-
作者:Williams, Paul; Livingston, Laura
作者单位:American University
-
作者:[Anonymous]
-
作者:[Anonymous]
-
作者:Grant, Thomas D.
作者单位:University of Cambridge
-
作者:Goodman, Ryan
作者单位:New York University
摘要:President Barack Obama embraced what many in the international law community long regarded as off-limits: targeting war-sustaining capabilities, like economic infrastructure used to generate revenue for an enemy's armed forces. Scholarly opinion generally maintains that such objects are not legitimate military targets, but the academic literature is highly deficient. Scholars have not grappled with the strongest and clearest evidence supporting the U.S. view. Indeed, intellectual resources may...
-
作者:Deeks, Ashley S.
作者单位:University of Virginia
摘要:The Bush administration took a maximalist approach to the jus ad bellum and jus in bello, staking out broad claims about what international law permitted in resorting to force and detaining and interrogating Al Qaeda members. In contrast, the Obama administration established more minimalist policies, which authorized a narrower scope of action than what international law permits. The Obama approach improved relations with allies and deferred difficult interagency debates. But it also incurred ...
-
作者:Daugirdas, Kristina; Mortenson, Julian Davis; Cook
-
作者:Bradley, Curtis A.; Goldsmith, Jack L.
作者单位:Duke University; Harvard University
摘要:The 2001 Authorization for Use of Military Force (AUMF) remains the principal legal foundation under U.S. domestic law for the president to use force against and detain members of terrorist organizations. This essay explains how the Obama administration established the AUMF as the legal foundation for indefinite conflict against Al Qaeda, associated groups, and the Islamic State. It also shows that the administration's claim that international law operated as an important constraint on its act...