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Duncan Hollis

@duncanhollis.bsky.social
3K followers 431 following 60 posts

Laura H. Carnell Prof. of Law, Temple University; Non-Resident Scholar, Carnegie I study treaties, international organizations, and how to regulate state behavior in cyberspace (not always in that order)

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Duncan Hollis @duncanhollis.bsky.social · 14/07/2026
GAO Goes After State (Again) for Treaty Practice www.lawfaremedia.org/article/gao-...
lawfaremedia.org
GAO Goes After State (Again) for Treaty Practice
Government Accountability Office finds State Department delayed in reporting U.S. international agreements to Congress and the public.
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Duncan Hollis @duncanhollis.bsky.social · 23/06/2026
I've got a new piece up @foreignpolicy.com reviewing the Islamabad MOU. My short take-away: the draft lacked sufficient input from int'l lawyers on both sides. As a result, the text sends conflicting signals on whether it's a treaty or not, with implications for the US Congress among others.
foreignpolicy.com
Is the MOU a Treaty or Not? And Why Should We Care?
Confusing language in the U.S.-Iran cease-fire agreement makes its legal status unclear.
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Reposted by Duncan Hollis
Desiree LeClercq @desireelc.bsky.social · 07/01/2026
Greateful to the GA Governor's office, Eversheds Sutherland, & the UK Consulate for hosting. And a special thanks to @duncanhollis.bsky.social & Ryan Scoville for taking the time to speak w/ the students re the constitutionality of state-level trade instruments. We learned so much.
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Duncan Hollis @duncanhollis.bsky.social · 28/11/2025
With thanks to my co-author @keitnerlaw.com, we’ve got a new OpEd up @thehill.com with a reminder for Congress about the lessons of the Air Bridge program:
thehill.com
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Duncan Hollis @duncanhollis.bsky.social · 23/09/2025
While Trump speaks at the UN, it's worth flagging how he approaches U.S. treaty-making like a medieval monarch. @gregfox.bsky.social & I've got a new @foreignpolicy.com op-ed up on this phenomenon, and the need for Congress to do more.
foreignpolicy.com
Is Trump Taking Treaties Back to the Middle Ages?
The White House has usurped the power to make foreign treaties and keeps their texts secret.
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Duncan Hollis @duncanhollis.bsky.social · 07/07/2025
With thanks to @articlesofwar.bsky.social, I've posted some thoughts today on what happens now that Ukraine (among others) is walking back its Ottawa Convention commitments re landmines.
lieber.westpoint.edu
Ukraine Symposium – Ukraine and the Future of the Ottawa Convention - Lieber Institute West Point
Ukraine's “political” decision to cease performance of “irrelevant” Ottawa Convention commitments implies a more immediate effect.
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Duncan Hollis @duncanhollis.bsky.social · 10/06/2025
So pleased after 3+ years of work to see this in print ... Whether you like originalism or not, I've tried to offer insights on why the Constitution uses terms like treaties & compacts (to say nothing of Benedict Arnold's 'sponsion' or Gen. Washington's 'executive' agreement with Lord Cornwallis)
scholarship.law.upenn.edu
The Original Meaning of Treaties
For nearly two centuries, all three branches of the federal government have thought that the original meaning of the Constitution’s references to treaties and compacts was lost. This Article aims to r...
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Reposted by Duncan Hollis
Amsterdam Center for International Law @acil-uva.bsky.social · 22/05/2025
‘’LLMs are going to be a part of the future of int'l lawyering whether we want them to or not.’’ Join us on 17 June when @duncanhollis.bsky.social will be speaking about his recent paper (w/Ashley Deeks) looking at the potential of LLMs on int'l law. acil.uva.nl/content/even...
acil.uva.nl
Large Language Models and International Lawyering - ACIL
We look forward to welcoming Professor Duncan Hollis to the Amsterdam Law School on Tuesday 17 June. Duncan B. Hollis is Laura H. Carnell Professor of Law at Temple Law School and co-faculty director ...
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Duncan Hollis @duncanhollis.bsky.social · 08/05/2025
I've got an op-ed out @foreignpolicy.com today that flags the one big international law problem no one seems focused on in the push for a Ukrainian-Russia peace deal. Check it out (should be accessible unless you've used up your monthly free reads at FP).
foreignpolicy.com
Trump’s Russia-Ukraine Deal Will Be Null and Void
International law nullifies any treaty coerced by force—like Moscow has deployed since 2014.
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Duncan Hollis @duncanhollis.bsky.social · 06/05/2025
Martha Finnemore and I have a new co-authored piece up on SSRN about how calls for protecting the public core of the internet (whether as a matter of law or norms) require more definitional work on what the term "public" means. For those interested in digital governance, check it out!
papers.ssrn.com
What is "Public" About the Internet's Core?
<span>The idea of a norm protecting the "public core" of the internet has gained international attention in the past decade among states and scholars
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Duncan Hollis @duncanhollis.bsky.social · 18/04/2025
A non-international law/proud Dad post - my youngest's band has just dropped their first EP - for those looking for a Friday afternoon garage-rock "break" - check it out!
open.spotify.com
The Breaks
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Reposted by Duncan Hollis
Duncan Hollis @duncanhollis.bsky.social · 10/02/2025
Together with UVA's Ashley Deeks, I've got a new paper up on SSRN - we tested out a couple of use cases for int'l lawyers using LLMs (and identify a few others).
papers.ssrn.com
Large Language Models and International Law
<p>Large Language Models (LLMs) have the potential to transform public international lawyering. ChatGPT and similar LLMs can do so in at least five ways: (i) he
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Duncan Hollis @duncanhollis.bsky.social · 10/02/2025
Together with UVA's Ashley Deeks, I've got a new paper up on SSRN - we tested out a couple of use cases for int'l lawyers using LLMs (and identify a few others).
papers.ssrn.com
Large Language Models and International Law
<p>Large Language Models (LLMs) have the potential to transform public international lawyering. ChatGPT and similar LLMs can do so in at least five ways: (i) he
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Duncan Hollis @duncanhollis.bsky.social · 05/02/2025
Amidst all the (entirely justifiable angst) over the potential acts of aggression/war crimes a US occupation of Gaza would entail, it's worth remembering that int'l law also prohibits threats to use force unlawfully. In other words, the very speech is a violation ...
papers.ssrn.com
Threatening Force in Cyberspace
Threats have long been endemic in inter-State relations with diverse goals, communicative values and means of signaling. Yet, international law explicitly focu
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Duncan Hollis @duncanhollis.bsky.social · 16/01/2025
Last Spring, @templelaw.bsky.social was honored to host Rich Visek giving the 1st official State Dept. "L" views on int'l law & cyberspace since Brian Egan in 2018 (which followed Harold Hongju Koh's pathbreaking 2012 remarks). See the link below for Temple Law Review's publication of his remarks!
templelawreview.org
THE 2024 ARLIN M. AND NEYSA ADAMS LECTURE: INTERNATIONAL LAW AND CYBERSPACE: BUILDING CONSENSUS
Since the United States first began thinking about international law and cyberspace in the 1990s, it has been clear to us that international law applies to what States do in cyberspace, just as it …
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Duncan Hollis @duncanhollis.bsky.social · 19/12/2024
Greg Fox offers a great overview of legal issues in any Ukraine-Russia peace agreement. I kept reading thinking “But what about…” and he anticipated all my questions. Bottom line - Fox explains how a UNSC Ch VII Res might try to override everything even the obvious coercion and jus cogens problems
ejiltalk.org
[ EJIL: Talk! ] A Legal Framework for a Russia-Ukraine Peace Agreement
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Duncan Hollis @duncanhollis.bsky.social · 17/12/2024
The 2023 Digest of US Practice in Int'l Law is now available
state.gov
Digest of United States Practice in International Law 2023 - United States Department of State
The Office of the Legal Adviser publishes the annual Digest of United States Practice in International Law to provide the public with a historical record of the views and practice of the Government of...
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Duncan Hollis @duncanhollis.bsky.social · 12/12/2024
Marko and Mike are always worth reading ... Meanwhile, I'm having deja vu to the days of "preemptive self-defense" arguments ... wonder when/if we'll see this idea back in the foreground
ejiltalk.org
Israel’s Use of Force Against Syria and the Right of Self-Defense
On December 8, the rebel group Hayat Tahrir al-Sham (HTS), augmented by other rebel forces, successfully overthrew the Syrian government of Bashar al-Assad following more than five decades of rule …
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Duncan Hollis @duncanhollis.bsky.social · 28/11/2024
I take a day off to not think about international law & watch the Macy’s Thanksgiving Day parade and then this happens …
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Duncan Hollis @duncanhollis.bsky.social · 27/11/2024
Usually in late-stage treaty negotiations, states decide they’d like to hear less from other stakeholders & move negotiations to ‘informal informal’ meetings. Wonder if that’ll be true here too?
amp.theguardian.com
Plastics lobbyists make up biggest group at vital UN treaty talks | Plastics | The Guardian
Fossil fuel and chemical industry representatives outnumber those of the EU or host country South Korea
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Duncan Hollis @duncanhollis.bsky.social · 19/11/2024
EU releases common position on the application of IL to cyber - pretty consistent w/ EU member state positions, including (a) sov'ty & (b) due dilligence are discrete rules of IL in cyber contexts. Interestingly though, suggests existing IL is "fit for purposes" to the digital environment?
consilium.europa.eu
Cyberspace: Council approves declaration on a common understanding of application of international law to cyberspace
Council approves Declaration on a common understanding of application of international law to cyberspace.
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Duncan Hollis @duncanhollis.bsky.social · 12/11/2024
Building on its success with the UN cybercrime convention, it sure looks like Russia is building a coalition for a cybersecurity treaty and/or reviving the idea of assigning internet governance to the ITU ... instead of ignoring this possibility, perhaps Western states need a counter-narrative?
the-star.co.ke
Russia-Africa foreign ministers call for fair cyber security system
The ministers are attending the first ministerial conference in Sochi, Russia.
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Duncan Hollis @duncanhollis.bsky.social · 11/11/2024
I’m torn - I was ready to give up on social media for a while but then it seems we’ve had a total bluesky vibe shift? Sustainable? We’ll see …
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Duncan Hollis @duncanhollis.bsky.social · 22/04/2024
With thanks to VJIL Online, I'm pleased to have a new (& short!) paper on how int'l lawyers must do more to engage w/the concept of agreement as a precursor to new efforts to identify & differentiate treaties & political commitments - check it out on SSRN:
papers.ssrn.com
Delimiting "Agreements" for International Law
Agreements are central to many international law projects, including both treaty-making and the (rising) use of non-binding agreements. Yet, for all the attenti
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Duncan Hollis @duncanhollis.bsky.social · 26/02/2024
Pleased to moderate a UN OEWG side-event next Tues, March 5, 8:30-9:30am EST re the Int'l Law Multistakeholder Compendium compiled last fall by Mexico’s SRE, iLIT & Microsoft. Come join me & @TRodenhaeuser @HarrietMoyniha9 @MSMHelal to discuss where intl law goes next by registering here:
forms.office.com
Microsoft Forms
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Duncan Hollis @duncanhollis.bsky.social · 03/01/2024
#Lawsky - US Dept of State has published its 2022 Intl Law Digest. Check it out at the link.
state.gov
Digest of United States Practice in International Law 2022 - United States Department of State
The Office of the Legal Adviser publishes the annual Digest of United States Practice in International Law to provide the public with a historical record of the views and practice of the Government of...
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Duncan Hollis @duncanhollis.bsky.social · 06/12/2023
A reminder there's still time to register! Come for recommendations on nat'l statements, multistakeholder participation, & civilian data in armed conflicts. Stay for panel + Q&A including Singapore's Sithuraj Ponraj, Chatham House's Talita Dias, OAS's Kerry-Ann (Mason) Barrett & Sheetal Kumar
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Duncan Hollis @duncanhollis.bsky.social · 30/11/2023
So pleased to have worked on behalf of TempleiLIT w/ Microsoft & Mexico's Ministry of Foreign Affairs on a 3-part multistakeholder compendium project on the applicability of int law to cyberspace. The launch event for the compendium is Dec 11th at 1:30 pm EST. Interested? Sign up at the link below!
forms.office.com
Microsoft Forms
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Duncan Hollis @duncanhollis.bsky.social · 18/10/2023
Thoroughly enjoyed being on organizing committee for this year's upcoming ASIL Mid-Year Meeting in Pittsburgh, Nov. 9-11. Full schedule is now up & registration is free for ASIL Partner School students. Looking forward to seeing lots of people there!
asil.org
2023 Midyear Meeting | ASIL
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Duncan Hollis @duncanhollis.bsky.social · 16/10/2023
How important is bridging the digital divide to having a normative framework for cyberspace? Together with Microsoft, Mexico's Foreign Ministry & iLIT, I'm pleased to be co-organizing a workshop around that very question. Won't you join us this Wed., 10-11 am EST, to add your voice? Register below:
forms.office.com
Microsoft Forms
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Duncan Hollis @duncanhollis.bsky.social · 19/09/2023
I’m at a loss w/ JoAnne Epps’ passing. She took me under her wing when she didn’t have to; she modeled for me what caring & commitment could do to make work a calling w/grace & a smile. I’m remembering that smile now & hoping it can lift up all those she touched on this otherwise awful day
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Duncan Hollis @duncanhollis.bsky.social · 28/08/2023
36 states have now offered official positions on how int'l law applies to cyberspace. Together w/Chris Carpenter, I write about the latest as Costa Rica's upping the game & going broad in its views on sovereignty, cyber-espionage & human rights online #LawSky
lawfaremedia.org
A Victim’s Perspective on International Law in Cyberspace
Costa Rica’s recent position paper improves transparency on the country’s legal views and provides a framework for future dialogue with other states.
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Duncan Hollis @duncanhollis.bsky.social · 24/08/2023
Proud to say that Temple's iLIT will work w/Mexico's SRE and Microsoft on a multistakeholder compendium re int'l law's applicability to cyberspace. Our 3-part series kicks off Sept 6 w/a discussion of successes & challenges. Interested? Please register via the link
forms.office.com
Microsoft Forms
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Reposted by Duncan Hollis
Leah Litman @leahlitman.bsky.social · 01/08/2023
The trump indictment t.co/dF9Yy5sWT1
t.co
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Duncan Hollis @duncanhollis.bsky.social · 01/08/2023
For years I’ve watched baristas struggle with the name ‘Duncan’ (and to be clear I blame Dunkin Donuts for cornering the market w/an alternate spelling). But today wins for most unique alternative:
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Duncan Hollis @duncanhollis.bsky.social · 28/07/2023
Wonder how often this will be invoked when there's a chance a breach is state sponsored: "This disclosure, however, may be delayed by an additional period of up to 60 days should it be determined that giving out such specifics "would pose a substantial risk to national security or public safety."
thehackernews.com
New SEC Rules Require U.S. Companies to Reveal Cyber Attacks Within 4 Days
SEC just approved new rules mandating publicly traded companies to disclose cyber attacks with "material" impact on their finances within 4 days.
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Duncan Hollis @duncanhollis.bsky.social · 27/07/2023
Point here re past NK non-compliance on peace front tracks so many other int'l commitments. Begs the ? of how to deal w/a state that's lost all credibility vis-a-vis pacta sunt servanda? foreignpolicy.com/2023/07/27/north-…
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Duncan Hollis @duncanhollis.bsky.social · 25/07/2023
So pleased to see Costa Rica's national statement on int'l law's application to cyberspace, including its references to the Oxford Process (among others). As I'll elaborate in a forthcoming article, these statements offer real promise as a source of int'l law when considered collectively! #LawSky
docs-library.unoda.org
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Duncan Hollis @duncanhollis.bsky.social · 17/07/2023
Int'l lawyers have spent lots of time asking what coercion in cyberspace looks like - is it about dictatorial demands and/or about depriving victims of autonomy/control. Marko Milanovic has a forthcoming deep dive into this topic where he works through both strands - always worth a read.
ejiltalk.org
Revisiting Coercion
The prohibition of intervention, requiring States to refrain from coercively interfering in the internal or external affairs of other States, is widely recognized as a cardinal rule of customary in…
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Duncan Hollis @duncanhollis.bsky.social · 16/07/2023
And Mexico makes it into a treaty issue …. although looking at the 1944 Treaty I’m not sure what provision they’d base their claim on - Art 4(A)? Or, is the Claim that TX/US need prior Commission approval under Art 9?
reuters.com
Mexico says Texan buoys in Rio Grande breach water treaty
A floating barrier of orange buoys put in the Rio Grande by the Texan government to hinder migrants crossing into the U.S. violates a water treaty and may encroach on Mexican territory, incoming Mexic...
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Reposted by Duncan Hollis
Kevin Collier @kevincollier.bsky.social · 15/07/2023
This is truly jaw-dropping. Absolutely no one's doubting her credentials. A young Black woman already doing the job of acting National Cyber Director can't get formally Senate confirmed in that role because she has debt?
washingtonpost.com
Personal debts said to scuttle nomination of Biden’s acting cyber director
The White House has said it won't nominate Kemba Walden to be National Cyber Director over personal debts. The rationale has stunned colleagues.
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Duncan Hollis @duncanhollis.bsky.social · 13/07/2023
Treaty fragmentation is alive and well:
reuters.com
Hague court rejects India's objections over water treaty arbitration
The Permanent Court of Arbitration (PCA) in the Hague rejected on Thursday India's objections to a Pakistan-initiated procedure over water use in the Indus River basin, reopening a procedure that had ...
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Reposted by Duncan Hollis
Kate Klonick @klonick.bsky.social · 13/07/2023
My latest in the New York Times on the Missouri-Louisiana decision and the the terrible new political and judicial tactics that are shaping our national and global online speech policy. www.nytimes.com/2023/07/13/opinion/…
nytimes.com
Opinion | The Future of Online Speech Shouldn’t Belong to One Trump-Appointed Judge in Louisiana
The politics of internet regulation have become too local.
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Duncan Hollis @duncanhollis.bsky.social · 13/07/2023
I co-direct Temple's Institute for Law, Innovation and Technology (iLIT) and we're looking to hire a post-doc who can lend expertise re safe & effective collection/sharing of data on use & impact of migration control technologies along the US/Mexico border. Interested? Please apply to join us!
idealist.org
Postdoctoral Fellowship in Law, Innovation & Technology
Temple University Beasley School of Law is now hiring for the position of Postdoctoral Fellowship in Law, Innovation & Technology in Philadelphia. Apply today.
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Duncan Hollis @duncanhollis.bsky.social · 12/07/2023
Cat needed medicine; we got medicine w/ link to instruction video on how to apply. It is …. Hysterical. I don’t know if it’s the actress or the producer who’s overqualified, but these are Super Bowl-worthy production values (my personal favorite line: ‘Revolution is just a fancy word for twist’).
youtu.be
Twist-a-Dose: two easy steps
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Duncan Hollis @duncanhollis.bsky.social · 11/07/2023
Kudos to the reporting in this article ... I usually read articles about treaties and/or customary int'l law with trepidation ... Although I'd still quibble about the obligation treaty signatories assume, this story captures the nuance too often lost in communicating int'l law to the public.
wthr.com
What we can VERIFY about bans on cluster bombs and whether using them is a war crime
Cluster munitions that the U.S. is sending to Ukraine are banned in more than 100 countries. The use of cluster bombs can be a war crime in some cases.
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Duncan Hollis @duncanhollis.bsky.social · 11/07/2023
The tricky thing with exiting the ECT is Art 47(3) which says investment obligations continue for 20 years post withdrawal - would likely need parties unanimous consent to end sooner and even that would be controversial if intra-EU BIT terminations are any guide.
amp.theguardian.com
UK should quit ‘climate-wrecking’ energy treaty, say official advisers | Energy | The Guardian
Climate Change Committee recommends leaving energy charter treaty, which critics say is ‘weaponised’ by fossil fuel firms
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Duncan Hollis @duncanhollis.bsky.social · 08/07/2023
IBWC w/re Tx deploying buoys in Rio Grande: “We are studying what Texas is publicly proposing to determine whether and how this impacts our mission to carry out treaties between the US & Mexico regarding border delineation, flood control, and water.” Will Treaty of Guadalupe-Hidalgo prove supreme?
apnews.com
Texas prepares to deploy Rio Grande buoys in governor's latest effort to curb border crossings
Texas has started rolling out what is set to become a new floating barrier on the Rio Grande. The state's move on Friday is the latest escalation of Republican Gov.
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Duncan Hollis @duncanhollis.bsky.social · 07/07/2023
Who wants to work in the German Alps? The George C. Marshall Center in Garmisch-Partenkirchen is soliciting applications for Dean of the College of International and Security Studies: www.usajobs.gov/job/735311400
usajobs.gov
Dean of College of International and Security Studies
<b>About the Position: </b><br> This position is located in the George C. Marshall Center, College of International Security Studies (CISS). You will serve as the College's leader, exercising authorit...
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