Both cases found the justices split on whether to separate the president from the presidency.

Overturning the law on First Amendment grounds would require courts to make policy judgments that should be left to the political branches.

The majority opinion in Trump v. United States badly misstates principles of separation of powers to immunize hypothetical future presidents—in service of immunity for Trump himself.

Missing in much commentary about Trump v. United States is what it means for the expansion of immunities for presidents while in office.

Bigger is better approaches in AI create an inexhaustible appetite for users’ data, leading to a rise in user data expropriation, sectioning off of the internet, and “data feudalism.”

The United States and its democratic allies can lead in AI and use this position to advance global security and prosperity.

Neither the Rome Statute nor fundamental fairness evidently permitted the ICC prosecutor to instruct an external panel of legal experts he assembled to review evidence he used to support his applications...

Lawfare is now accepting Fall 2024 internship applications.

The law’s flexible, entity-based designation mechanism is noteworthy, but the scope of its call-in power and “national security” remains ambiguous.

Two reasons for cautious optimism—or at least cautious suspension of outright horror

It is time for OFAC to designate every ransomware gang by default.