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/...

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

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

Difference between Rules for Use of Force and Rules of Engagement.

We don't know the Marine unit yet, but most Marines are trained in combat ROE.

Newsom’s memo is correct that orders under 10 USC 12406 *must* be issued via the state governor.

But one wonders if POTUS will dismiss this concern and just use the Insurrection Act to federalize the CA National Guard.

1) Under what legal authority? Insurrection Act? 10 USC 251-3?
(2) 32 USC 502 (similar to what Trump did in DC in 2020 when ordering out of state Guard ?
(3) What National Guard members are being deployed? CA?

All raise enormous legal and civil/military issues. Someone from WH please advise

New article @vanderbilt.edu Law Review - "Destroy, Rebuild, Repeat: How to Break the #Climate Disaster Cycle"

One home in Mississippi has been rebuilt 34 times (!) at a taxpayer cost of almost $700,000. I offer a better way.

Download:
scholarship.law.vanderbilt.edu/vlr/vol78/is...

"When #Climate Change Forces Flight: Legal Duties in the Age of Retreat" is ready for download @ssrn.bsky.social here:

papers.ssrn.com/sol3/papers....

Forthcoming in the Iowa Law Review - comments and feedback welcome! @dfarber1950.bsky.social @cary-coglianese.bsky.social

Thanks to the @uchicagolaw.bsky.social for publishing my recent Article "Climatizing National Security."

This Article was part of the Chicago Legal Forum's conference on "Reimagining National Security" @emorylaw.bsky.social ylaw.bsky.social @sranderson.bsky.social

legal-forum.uchicago.edu

Huge congratulations to my @emorylaw.bsky.social colleague Tonja Jacobi for writing a new casebook, "Constitutional Criminal Procedure" with the help of several Emory Law students.

The book is *FREE* and ready to download at the link below. @orinkerr.bsky.social

papers.ssrn.com/sol3/papers....

New Report on #law faculty from AALS has some shocking numbers on educational background of law professors.

- 56% of current law faculty have a parent with advanced degrees [just 14% of Americans have advanced degrees] - 22% have parents with no college degree [most Americans lack one]

Happy #Veterans Day to everyone.

@emoryuniversity.bsky.social held a terrific ceremony today in #Atlanta with remarks by Provost Ravi Bellamkonda.

Happy to report my Navy flight jacket still fits 25 years later!