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The Originalist Presidency in Practice?
A review of Saikrishna Bangalore Prakash's "The Living Presidency: An Originalist Argument Against Its Ever-Expanding Powers" (Harvard University Press 2020) -
About That Presidential Medal of Freedom: Revisiting the Nunes Memo
Yes, Devin Nunes got some things right. But his famous memo also contained blatant and intentional falsehoods, and even its truths were in service of a larger lie. -
Summary: Supreme Court Oral Argument in Federal Republic of Germany v. Philipp
Does the “expropriation exception” of the Foreign Sovereign Immunities Act (FSIA) afford U.S. courts jurisdiction to resolve claims brought by German citizens against the German government? -
Summary: Supreme Court Oral Argument in Hungary v. Simon
Can courts abstain from hearing suits against foreign sovereigns for reasons of international comity, even when the Foreign Sovereign Immunities Act (FSIA) has provided the court jurisdiction over the su... -
The Lawfare Podcast: The Incredible Vanishing President
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Lawfare Live: Seditious Conspiracy, Impeachment and the Inauguration
This Friday, Jan. 15 at 1pm, members of the Lawfare team will take questions about crimes related to the Capitol Hill riot, impeachment and the inauguration. -
What to Make of the Facebook Oversight Board’s Inaugural Docket
It’s useful to take a close look at what cases the board has agreed to take on so far, and to try to tease out what it might be trying to accomplish. -
Trump’s War on the U.S. Agency for Global Media
How the presidentially appointed CEO of the federal media agency hijacked his agency for the president’s political purposes. -
The Week That Will Be
Lawfare's weekly roundup of event announcements and employment opportunities. -
Longer-Term Cybersecurity Implications of the Occupation of the Capitol—Beware of Fake Leaks
There are many consquences of the rioters taking computers from members' offices. -
The Parler Breach and the Capitol Rioters
Cybersecurity meets the insurrection. -
Today’s Headlines and Commentary
Lawfare’s daily roundup of national security news and opinion -
Twitter Puts an End to Trump’s Rhetorical Presidency
The excitement and alarm that greeted President Trump’s ban from Twitter underscores a fundamental truth about his presidency: The power of presidential speech was the only power of the office that ever ... -
TechTank: Ways to Protect Your Privacy and Security With Online Dating Apps
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The Lawfare Podcast: Jamie Gorelick on Merrick Garland and the Justice Department Team
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Supreme Court Hears Oral Arguments in Nestlé v. Doe and Cargill v. Doe
The cases center on the question: When can a U.S. company be sued for alleged human rights violations abroad under the Alien Tort Statute? -
The Facebook Oversight Board Should Review Trump’s Suspension
Checks and balances don’t exist only for decisions people agree with. Facebook should allow oversight of its most high-profile content moderation decision yet. -
ChinaTalk: China's Spies
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A Role for the Vulnerabilities Equities Process in Securing Software Supply Chains
The Biden administration has an important opportunity to rebuild and sustain trust in the software ecosystem by reforming the government vulnerability disclosure process into a more transparent and frequ... -
Donald Trump Is Still a Danger to Our National Security
More Articles
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The Prohibition of Annexations and the World on the Brink
The annexations of Golan and territory in Palestine and Ukraine are part of a dangerous trend exacerbated by consolidations of security alliances and other global power shifts. -
Lawfare Live: Trump's Trials and Tribulations, Aug. 1
Join the Lawfare team tomorrow for a discussion of the trials of Donald Trump. -
Throwing the Book at Foreign Influence: The Menendez Verdict and Going Beyond FARA
Effectively countering foreign malign influence requires leveraging the full weight of the very institutions such efforts seek to undermine.