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Mark Nevitt @marknevitt.bsky.social · 3d

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

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Mark Nevitt @marknevitt.bsky.social · 4d

“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.”

The Regulatory Review @theregreview.bsky.social · 5d

In an essay in The Regulatory Review, Prof. @marknevitt.bsky.social of @emorylaw.bsky.social argues that use of gas-powered leaf blowers should be banned and discusses the negative environmental effects of the antiquated engine technology powering them. www.theregreview.org/2023/02/06/n...

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Mark Nevitt @marknevitt.bsky.social · 23d

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

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Mark Nevitt @marknevitt.bsky.social · 23d

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.

www.justsecurity.org

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Mark Nevitt @marknevitt.bsky.social · Sep 5

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...

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.

www.justsecurity.org

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Mark Nevitt @marknevitt.bsky.social · Sep 2

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

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Mark Nevitt @marknevitt.bsky.social · Aug 20

Thanks Lindsay!

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Mark Nevitt @marknevitt.bsky.social · Aug 19

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

Brennan Center @brennancenter.org · Aug 19

The past week’s actions in DC "illustrate the dangers of an administration willing to exploit emergency powers and disregard the limits on those powers." New analysis by the Brennan Center's @josephanunn.bsky.social and @sreynolds.bsky.social.

One Week of Trump’s DC Takeover Attempt: An analysis of the president’s use of military, police, and security services in the nation’s capital

Detailed legal analysis of federalization of DC police and the deployment of Guard, DHS and other forces.

www.justsecurity.org

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Mark Nevitt @marknevitt.bsky.social · Aug 18

"The Trump administration is pursuing a maximalist legal approach in deploying the military . . . DC may well be a dry run for even greater reliance on the military to be deployed domestically."

cc @stevevladeck.bsky.social @lizagoitein.bsky.social @chrismirasola.bsky.social

Ryan Goodman @rgoodlaw.bsky.social · Aug 18

Thanks to the deep expertise of @marknevitt.bsky.social for this Backgrounder:

Trump, the National Guard, and the District of Columbia: What You Need to Know

#NationalGuard #DCTakeover #ARNG

Trump, the National Guard, and the District of Columbia

The president’s maximalist legal approach in deploying the military may well foreshadow broader use of the military in other American cities.

www.justsecurity.org

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Mark Nevitt @marknevitt.bsky.social · Aug 16

In light of WV #National Guard ordered to DC, I'm re-upping this Article via @cnas.bsky.social, calling for reform of a particular statute - 32 USC 502f that is being used as the *likely* legal basis for the deployment.

@josephanunn.bsky.social @lizagoitein.bsky.social

www.cnas.org/publications...

Congress Must Clarify the National Guard’s Section 502 Legal Authorities

Understanding the precise scope of the Guard’s legal authorities is important, because Posse Comitatus Act restrictions

www.cnas.org

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Mark Nevitt @marknevitt.bsky.social · Aug 11

Join us in beautiful #Atlanta, Georgia!

Andrew Jennings @andrewkjennings.com · Aug 11

Emory Law is conducting an open-rank lateral search for a Business Law professor!

faculty-emory.icims.com/jobs/151442/...

Description

Emory University School of Law seeks to fill a tenure-track position in disciplines related to business law, including mergers & acquisitions, securities regulation, corporate finance, and other related business law fields. The position is open to lateral candidates at the assistant, associate, or full professor rank who have at least two years of experience in a tenure track position. Candidates must have a J.D., Ph.D., or equivalent degree, and a distinguished academic record. Candidates should have a strong track record and/or show outstanding promise in research in fields related to business law. For candidates meeting the law school’s standards for scholarly excellence and the demonstrated ability to teach business law courses, the interest in teaching first-year Contracts will be an additional positive factor.

Candidates must complete the online application which requires creating an account, uploading a resume or CV, and providing basic demographic information. In addition, applicants should submit a cover letter, a current CV, a published or unpublished academic article, a brief research agenda, and an indication of teaching interests (if not listed on the CV) to the chair of the Appointments Committee: Professor Kay Levine at law.faculty.appointments@emory.edu. Applications will be considered on a rolling basis.

NOTE: Position tasks are generally required to be performed in-person at an Emory University location. Remote work from home day options may be granted at department discretion. Emory reserves the right to change remote work status with notice to employee.

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Mark Nevitt @marknevitt.bsky.social · Aug 11

@lizagoitein.bsky.social @josephanunn.bsky.social @stevevladeck.bsky.social and I have been arguing for reforming the #DC #National Guard, which is "outdated and dangerous."

Re-upping two articles via @justsecurity.org:

www.justsecurity.org/79971/2022-u...

www.justsecurity.org/74098/why-d-...

2022 Update: Good Governance Paper No. 6: Domestic Military Operations

At one-year mark of Biden administration, top experts revisit proposals to restore and promote nonpartisan principles of good government.

www.justsecurity.org

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Mark Nevitt @marknevitt.bsky.social · Aug 3

Good question. Atlanta influences everything.

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Reposted by Mark Nevitt

Bob Percival @rperci.bsky.social · Jul 31

If EPA repeals its endangerment finding, the basis for industry’s fervent wish to displace state climate litigation is gone. You CANNOT have it both ways. See: journals.library.wustl.edu/lawreview/ar...

Could Official Climate Denial Revive the Common Law as a Regulatory Backstop?

The Trump Administration is rapidly turning the clock back on climate policy and environmental regulation. Despite overwhelming, peer-reviewed scientific evidence, administration officials eager to pr...

journals.library.wustl.edu

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Mark Nevitt @marknevitt.bsky.social · Jul 31

Bob Percival and I wrote this in 2019 in the Washington University Law Review in anticipation of the endangerment finding going away.

Bob Percival @rperci.bsky.social · Jul 31

If EPA repeals its endangerment finding, the basis for industry’s fervent wish to displace state climate litigation is gone. You CANNOT have it both ways. See: journals.library.wustl.edu/lawreview/ar...

Could Official Climate Denial Revive the Common Law as a Regulatory Backstop?

The Trump Administration is rapidly turning the clock back on climate policy and environmental regulation. Despite overwhelming, peer-reviewed scientific evidence, administration officials eager to pr...

journals.library.wustl.edu

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Mark Nevitt @marknevitt.bsky.social · Jul 28

Via @lawfaremedia.org some takeaways from the #Texas floods -

- Improve #climate risk information
- Invest in adaptation measures before disaster strikes
- Resource the #CoastGuard
and emergency first responders
-Retreat when necessary
-Fully Fund Science

Lawfare @lawfaremedia.org · Jul 28

The Texas Hill Country flood disaster highlights the need for local, state, and federal governments to invest in emergency response measures and climate resilience. @marknevitt.bsky.social details steps lawmakers can take to prevent future tragedies.

Eight Takeaways From the Texas Flood Tragedy

There are steps lawmakers can take today to avert the full human costs of these extreme weather events.

www.lawfaremedia.org

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Mark Nevitt @marknevitt.bsky.social · Jul 17

Honored to be named as part of the @justsecurity.org Editorial Team. Extremely grateful to @rgoodlaw.bsky.social and the Just Security team for taking a chance on me over the years to get my thoughts out on climate change, national security, and use of the military domestically!

Just Security @justsecurity.org · Jul 17

We’re so thrilled to announce longtime Just Security contributor and @emorylaw.bsky.social Professor @marknevitt.bsky.social as the newest member of our Editorial Board!

Welcome, Mark!

www.justsecurity.org/117195/mark-...

A Warm Welcome to Mark Nevitt as a Just Security Editorial Board Member!

We are thrilled to welcome distinguished scholar Mark Nevitt, JAGC (ret.), as a new member of Just Security's Editorial Board.

www.justsecurity.org

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Mark Nevitt @marknevitt.bsky.social · Jul 12

In light of state and local law enforcement doing more immigration enforcement, I’m re-upping this article via @justsecurity.org that highlights the rise of “287g” agreements between #DHS and state/local police and National Guard

> 800 agreements and rising!

www.justsecurity.org/114395/the-m...

The Mounting Crisis of Militarizing Immigration Enforcement

When part-time soldiers police their neighbors, federal authority displaces state and local officials, and strains civil-military relations.

www.justsecurity.org

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Mark Nevitt @marknevitt.bsky.social · Jun 22

Must read from @lawfaremedia.org ‘s brilliant @sranderson.bsky.social

And remember that the other side gets a vote. Lots of US military in Bahrain (5th Fleet) and Gulf states.

Scott R. Anderson @sranderson.bsky.social · Jun 20

Now up on @lawfaremedia.org: my deep dive into the domestic and international law surrounding whether the Trump administration can join Israel’s war against Iran.

www.lawfaremedia.org/article/the-...

The Law of Going to War with Iran

Right or wrong, the executive branch likely thinks Trump has the legal authority to do it—at least until Congress or the courts say otherwise.

www.lawfaremedia.org

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Reposted by Mark Nevitt

Syracuse University College of Law @syracuselaw.bsky.social · Jun 13

Professor Emeritus William C. Banks and @marknevitt.bsky.social write: The Mounting Crisis of Militarizing Immigration Enforcement at www.justsecurity.org/114395/the-m... #lawsky

The Mounting Crisis of Militarizing Immigration Enforcement

When part-time soldiers police their neighbors, federal authority displaces state and local officials, and strains civil-military relations.

www.justsecurity.org

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Mark Nevitt @marknevitt.bsky.social · Jun 13

www.theregreview.org/2023/02/06/n...

Think Globally on Climate, Act Locally on Leaf Blowers | The Regulatory Review

Restricting gas-powered leaf blowers can positively affect the health of people and the planet.

www.theregreview.org

Mark Nevitt @marknevitt.bsky.social · Jun 13

Can’t think of another case. We will see what happens on appeal. This is unique as the ruling focused on 10 USC 12406, which is not commonly used.

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Mark Nevitt @marknevitt.bsky.social · Jun 13

Wow - Judge Breyer orders California National Guard to effectively be “unfederalized” and returned to Newsom’s control. No ruling on pending Marine deployment to LA. Trump will appeal.

storage.courtlistener.com/recap/gov.us...

storage.courtlistener.com

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Mark Nevitt @marknevitt.bsky.social · Jun 11

I assign this the first day of classes. Thank you!

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Mark Nevitt @marknevitt.bsky.social · Jun 11

From @justsecurity.org today, w/ Bill Banks
Thanks to @rgoodlaw.bsky.social

"The U.S.has been widely respected for its tradition of entrusting law enforcement to civilians - the uniformed military fights wars and keeps Americans safe from foreign adversaries."
www.justsecurity.org/114395/the-m...

The Mounting Crisis of Militarizing Immigration Enforcement

When part-time soldiers police their neighbors, federal authority displaces state and local officials, and strains civil-military relations.

www.justsecurity.org

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