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News@Law, 09/12/2016

News@Law is a selection of the day's news clips regarding Harvard Law School.
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Today's News

Time
The Other Forever War Anniversary
An op-ed by Jack Goldsmith and Matthew Waxman. Tomorrow is the fifteenth anniversary of the beginning of the longest armed conflict in American history. But another significant anniversary in the “Forever War” is today, September 10, for two years ago on this date President Obama announced his “comprehensive and sustained counterterrorism strategy” to defeat the Islamic State. The United States had been bombing the Islamic State sporadically throughout the summer of 2014, under the President’s Article II Commander-in-Chief power. But at about the time on September 10 when President Obama announced the United States’ ramped-up efforts “to degrade and ultimately destroy” the Islamic State, he also shifted the legal basis for the effort to the 2001 Authorization to Use Military Force (AUMF) that had been the foundation for the conflict against the Taliban, al Qaeda, and Associates since a few days after the 9/11 attacks. Obama “welcome[d] congressional support for this effort” in that address while making clear that he did not require it. One month later, the Pentagon named the campaign “Operation Inherent Resolve.”
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WBUR
Sean Ellis, Convicted Of 1993 Murder Of Boston Police Detective, Gets A New Trial (audio)
Sean Ellis was convicted of murdering Boston Police Detective John J. Mulligan in 1993. In 2015, Ellis was released on bail after 22 years behind bars. Friday morning, the Supreme Judicial Court of Massachusetts concluded Ellis was unfairly tried and entitled to a new trial. Guest: Nancy Gertner, former Massachusetts federal judge, senior lecturer on law at Harvard Law School and WBUR legal analyst.
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The New York Times
House Passes Bill Allowing 9/11 Lawsuits Against Saudi Arabia; White House Hints at Veto
The House on Friday approved a bill to allow families of those killed in the Sept. 11, 2001, attacks to sue Saudi Arabia for any role in the terrorist plot, setting up a rare bipartisan showdown with the White House...The bill “is a politically cost-free way for Congress to send a signal of seeming seriousness about terrorism on the dawn of the 15th anniversary of 9/11,” said Jack Goldsmith, a professor of law at Harvard who served in the Department of Justice under President George W. Bush. “Congress itself could have investigated lingering questions about 9/11, but instead is delegating those tasks to the unelected judiciary. The costs of the law will be borne by courts, which are an awkward place to ascertain Saudi responsibility for 9/11, and especially the president, who will have to deal with the diplomatic fallout with Saudi Arabia and other nations.”
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