This brief essay reflects on Kenneth Anderson and Benjamin Wittes's book "Speaking the Law: The Obama Administration's Addresses on National Security Law." It suggests that "Speaking the Law" overestimates the clarifying and constraining force of the executive branch's counterterrorism speeches, and that the legal policies they set out may be better understood not as a reticulated regulatory scheme, but rather on a common law model.
The Rhetorical Presidency Meets the Drone Presidency,
Columbia Public Law Research Paper No. 14-484
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1930