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marknevitt.bsky.social
Mark Nevitt
@marknevitt.bsky.social
9.6K followers 320 following 74 posts
Associate Professor @Emory Law. Former aviator, Navy JAG. Climate change, environmental law, and security. https://law.emory.edu/faculty/faculty-profiles/nevitt-profile.html
Writing: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1916527
Posts Replies Media Videos
marknevitt.bsky.social
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/...
October 28, 2025 at 12:15 PM
Reposted by Mark Nevitt
justsecurity.org
“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...
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.
www.justsecurity.org
October 23, 2025 at 1:15 PM
marknevitt.bsky.social
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...
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.
www.justsecurity.org
October 23, 2025 at 9:20 PM
marknevitt.bsky.social
Terrific to team up with @seharrison7.bsky.social on this and thanks to @rgoodlaw.bsky.social and @tessbridgeman.bsky.social for edits!
October 23, 2025 at 4:22 PM
marknevitt.bsky.social
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
October 5, 2025 at 6:34 PM
marknevitt.bsky.social
“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.”
theregreview.bsky.social The Regulatory Review @theregreview.bsky.social · Oct 3
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...
October 4, 2025 at 11:11 PM
marknevitt.bsky.social
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
September 16, 2025 at 11:35 AM
marknevitt.bsky.social
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
September 5, 2025 at 6:49 PM
marknevitt.bsky.social
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
September 2, 2025 at 4:33 PM
marknevitt.bsky.social
Great analysis, as always via @josephanunn.bsky.social @sreynolds.bsky.social of the @brennancenter.org brain trust!
August 19, 2025 at 5:15 PM
marknevitt.bsky.social
"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
August 18, 2025 at 5:35 PM
marknevitt.bsky.social
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
August 16, 2025 at 10:00 PM
marknevitt.bsky.social
Join us in beautiful #Atlanta, Georgia!
andrewkjennings.com 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.
August 11, 2025 at 5:14 PM
marknevitt.bsky.social
@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
August 11, 2025 at 5:11 PM
Reposted by Mark Nevitt
rperci.bsky.social
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
July 31, 2025 at 12:29 AM
marknevitt.bsky.social
Bob Percival and I wrote this in 2019 in the Washington University Law Review in anticipation of the endangerment finding going away.
July 31, 2025 at 12:35 AM
marknevitt.bsky.social
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
lawfaremedia.org 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
July 28, 2025 at 8:38 PM
marknevitt.bsky.social
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!
July 17, 2025 at 5:46 PM
marknevitt.bsky.social
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
July 12, 2025 at 4:55 PM
marknevitt.bsky.social
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.
June 22, 2025 at 12:26 AM
Reposted by Mark Nevitt
syracuselaw.bsky.social
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
June 13, 2025 at 6:34 PM
marknevitt.bsky.social
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
June 13, 2025 at 1:27 AM
marknevitt.bsky.social
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
June 11, 2025 at 10:10 PM
marknevitt.bsky.social
Re-upping written testimony to @judiciarydems.senate.gov's on dangers of using military for deportation.

"Activating the National Guard for a nationwide immigration law enforcement mission would be inconsistent with the limited scope of past domestic deployments . . "
law.emory.edu/_includes/do...
law.emory.edu
June 9, 2025 at 9:34 PM
marknevitt.bsky.social
Best thread yet on the #ICE crackdowns and military deployments to California - from @brennancenter.org's indomitable and brilliant @lizagoitein.bsky.social

Must read.
lizagoitein.bsky.social Liza Goitein @lizagoitein.bsky.social · Jun 8
Trump has federalized at least 2,000 National Guard forces and reportedly plans to deploy troops to Los Angeles over Governor Newsom’s objections. If that happens, it will be the first time since 1965 that a president has sent troops into a state without a state request. 1/19
June 9, 2025 at 9:28 PM