Some key takeaways from new work with @marknevitt.bsky.social:
🚫Funding the military long term through reconciliation is unconstitutional
🚫Long-term military funding in OBBA is unconstitutional
❓Maybe ICE funding too
🚫Tapping the Judgment Fund for defense procurement contracts is unconstitutional

Discover Our Latest Articles and Insights Explore our latest articles and stay updated with fresh insights and trends across diverse topics in our recent posts section.

Thanks to @lsolum.bsky.social for highlighting “Reviving the Military’s Term Limit,” co-written with @mblawrence.bsky.social

legaltheoryblog.com/2026/04/16/l...

@jacklgoldsmith.bsky.social @curtbradley.bsky.social @rgoodlaw.bsky.social @bobbychesney.bsky.social @stevevladeck.bsky.social

Legal and Operational Issues in the Strait of Hormuz: Transit Passage Under Fire "During my own transits through the Strait as a naval officer aboard the aircraft carrier USS Constellation, the narrow geography and proximity of Iranian territory were impossible to ignore."

In light of #Iran's mining the Strait of Hormuz - a reminder

1. Mining the Strait is unlawful.
2. Iran is obligated to remove mines, but cannot do so.
3. The U.S. is decommissioning its minesweepers (!)
4. NATO has minesweeping capability.

@justsecurity.org

justsecurity.org/133996/legal...

"Congressional Democrats aren’t guaranteed to win back committee gavels next Congress, but if they do, they will need to hit the ground running with an oversight agenda that accounts for the myriad ways the Trump administration will delay and stonewall their requests."

🔥 via @sarazdeb.bsky.social 👇

Cites to: @chrismirasola.bsky.social @jacklgoldsmith.bsky.social
@mattwaxman.bsky.social @joshchafetz.bsky.social
@becingber.bsky.social @stevevladeck.bsky.social
@marydudziak.bsky.social @martylederman.bsky.social
@casssunstein.bsky.social @sranderson.bsky.social
@oonahathaway.bsky.social

⬇️

Legal and Operational Issues in the Strait of Hormuz: Transit Passage Under Fire "During my own transits through the Strait as a naval officer aboard the aircraft carrier USS Constellation, the narrow geography and proximity of Iranian territory were impossible to ignore."

I transited the Strait of Hormuz on the USS Constellation. Even in peacetime, it was tense. Today, with #Iranian mines, Shaheed drones, and no U.S. minesweepers in theater — the situation is far bleaker than I first assessed. Via @justsecurity.org ⬇️

www.justsecurity.org/133996/legal...

This old chestnut “Goodbye to Law Reviews” dates from 1936. AI poses an immense challenge but never underestimate the staying power of law review scholarship. There will be an adjustment but the system will endure.

www.refsmmat.com/files/goodby...

New article in the Iowa Law Review -

"When Climate Change Forces Flight: Legal Duties in the Age of Retreat."

As climate disasters multiply, a once-unthinkable question is now urgent: when should we stop rebuilding and start retreating? @emorylaw.bsky.social

ilr.law.uiowa.edu/sites/ilr.la...

Legal and Operational Issues in the Strait of Hormuz: Transit Passage Under Fire "During my own transits through the Strait as a naval officer aboard the aircraft carrier USS Constellation, the narrow geography and proximity of Iranian territory were impossible to ignore."

Interested in the legal and operational issues in the #StraitofHormuz?

I got you covered - via @justsecurity.org - draws on the work of @mikeschmitt.bsky.social @rgoodlaw.bsky.social @tessbridgeman.bsky.social and others.

www.justsecurity.org/133996/legal...

🌶️ muy caliente (for legal scholarship).

Excited to share my new article, “Sovereign Immunity in a Warming World,” is forthcoming in the Columbia Law Review and is ready to download here: papers.ssrn.com/sol3/papers....

Thanks to my @emorylaw.bsky.social colleagues for their help - feedback welcome!

Entering the chat to share that my article, Cooperative Oversight and the Separation of Powers, is forthcoming in the Emory Law Journal. Feedback welcome! Available for download @ssrn.bsky.social here: papers.ssrn.com/abstract=635...

Great article forthcoming @emorylawjournal.bsky.social on congressional oversight of the executive branch by @sarazdeb.bsky.social !

Can a President Unilaterally Withdraw—and Rejoin—the UN Climate Treaty? A historic exit from the climate framework exposes the legal gray zone governing treaty withdrawal and reentry.

On Jan. 7, the Trump administration withdrew the U.S. from more than 60 international agreements and organizations, including the UNFCC. @marknevitt.bsky.social and Anissa Patel explore the legality of the president unilaterally terminating a Senate-ratified treaty.

Emory Law 2025 Video Holiday Card YouTube video by EmorySchoolofLaw

An especially nice holiday video and message done by my colleagues at @emorylaw.bsky.social - well done!

www.youtube.com/watch?v=Re7s...

Climate change is breaking homeowners insurance markets. Join us at #AALS2026 for a panel on the crises unfolding across the country — featuring Amy Bach, Jim Donelon, Kenneth Klein, and @marknevitt.bsky.social, moderated by @tpantin.bsky.social.

📅 Jan 6–9, New Orleans
➡️ am.aals.org/register/

I believe folks know the important work we're doing at @justsecurity.org, especially in these challenging times.

But we made this short video as a reminder!

We really need your support this #GivingTuesday.

For tax-deductible gifts: justsecurity.org/donate/

Why You Should Never (Ever) Use a Leaf Blower—and What to Do Instead Leaf blowers can have many negative effects, including noise pollution, habitat destruction, and much more.

🍂 PSA this Thanksgiving: Gas-powered leaf blowers are environmental disasters. Hour of gas blowing pollutes > a 3,900-mile car trip.

My research for @theregreview.bsky.social in Martha Stewart Living @marthastewartt.bsky.social — because Martha knows better.

www.marthastewart.com/leaf-blower-...

Helpful article in today's @nytimes.com highlights the legal authorities behind the 5 (!) domestic military deployments currently underway or pending in American cities.

@cnas.bsky.social @brennancenter.org @lizagoitein.bsky.social @rgoodlaw.bsky.social

www.nytimes.com/interactive/...

Caribbean Strikes and Collapse of Legal Oversight in U.S. Military Congress and the public must address the pressures imposed on public servants and defend the guardrails that protect U.S. forces and democracy.

“The Caribbean Strikes and the Collapse of Legal Oversight in U.S. Military Operations”

By @seharrison7.bsky.social and @marknevitt.bsky.social

www.justsecurity.org/123172/carib...

Collection: U.S. Lethal Strikes on Suspected Drug Traffickers Collection of expert analysis on the legality of the U.S. strike on Venezuelan vessels in the Caribbean, the consequences of the strike, and related issues.

Interested in the ways that the Caribbean (and Pacific) drug strikes are unlawful?

@justsecurity.org has 15 Articles (!) from experts @becingber.bsky.social @bcfinucane.bsky.social @martylederman.bsky.social @seharrison7.bsky.social @mikeschmitt.bsky.social

www.justsecurity.org/120753/colle...

Terrific to team up with @seharrison7.bsky.social on this and thanks to @rgoodlaw.bsky.social and @tessbridgeman.bsky.social for edits!

In light of Trump’s decision to send CA National Guard to Oregon, I’m re-upping this piece from @cnas.bsky.social on the troubling scenario of sending outside NG to another state against its will. While the statute is different, the core concern remains.

www.cnas.org/publications...

challenge

“Every morning, landscaping companies deploy these gigantic beasts across the city, strapped to workers’ backs like dystopian World War II-era flamethrowers. The enemies are Atlanta’s leaves, and the blowers are determined to disrupt Zoom calls, infants’ naps, and the tranquility of your home.”

Also check out outstanding work by @bcfinucane.bsky.social and @mikeschmitt.bsky.social and @martylederman.bsky.social on this issue.

Labels, Not Law, to Justify Lethal Force: Venezuela Boat Strike A new label does not transform a problem or grant the U.S. president or the U.S. military expanded legal authority to kill civilians.

In light of the second strike on an alleged drug vessel, I’m reupping this article via @justsecurity.org -

www.justsecurity.org/119985/label...

Labels, Not Law, to Justify Lethal Force: Venezuela Boat Strike A new label does not transform a problem or grant the U.S. president or the U.S. military expanded legal authority to kill civilians.

Via @justsecurity.org on the drug vessel strike.

"Labeling these groups . . . does not authorize the use of military force or trigger the military rules that apply in armed conflict."

@bcfinucane.bsky.social @rgoodlaw.bsky.social @tessbridgeman.bsky.social

www.justsecurity.org/119985/label...

Interesting footnote in Judge Breyer's decision on use of the military in California - Chief Bovino of Homeland Security criticized Army General Sherman for his reluctance to use the military in MacArthur Park, "questioning Sherman’s loyalty to the country." @brennancenter.org @justsecurity.org

Thanks Lindsay!

Great analysis, as always via @josephanunn.bsky.social @sreynolds.bsky.social of the @brennancenter.org brain trust!