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This Tuesday, the Supreme Court held in Jesner et al. v. Arab Bank, PLC that the federal courts are not available to aliens in actions against foreign corporations.
In a 5-4 vote, with Justice Anthony K...
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The Republican majority of the House Permanent Select Committee on Intelligence has released its report on Russian election interference. The Democratic minority has also released a separate report. Both...
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The Trump administration’s plan to wind down DACA, the deferred action policy that grants lawful presence to certain aliens, has been halted by several federal courts. While I have criticized such ruling...
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Canada is going on the attack—at least in cyberspace. As Canada undergoes the most comprehensive national security legislation reform in over three decades, one of the most notable proposed changes in th...
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This week, Facebook and YouTube announced new data on removal of terrorist content on their platforms. Facebook also released its internal document clarifying what content stays online and what is deleted.
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Recent headlines about foreign intelligence surveillance—e.g., “In Trump’s first year, FISA court denied record number of surveillance orders”—are misleading.
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It’s my pleasure to announce that Lawfare is hiring an associate editor! Nobody’s leaving, but the site has seen monumental growth in the volume of readership and submissions recently, and our team wants...
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The Senate confirmed Mike Pompeo as secretary of state, according to the Washington Post. The vote was 57–42. Pompeo narrowly received a favorable recommendation from the Committee on Foreign Relations e...
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PDF Version
A review of Paul Scharre’s “Army of None: Autonomous Weapons and the Future of War” (W.W. Norton, 2018).
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Gina Haspel faces an uphill climb to become the next CIA director. Former FBI No. 2 Andrew McCabe may face criminal charges. And the Democratic National Committee files suit over the 2016 theft of its em...
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The next in our series of book soirees at the Hoover Institution will take place from 5:00 to 7:00 p.m. on May 14, when Lawfare’s Benjamin Wittes will interview Amanda Tyler about her new book, “Habeas C...
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In an unexpected move, the Democratic National Convention turned political reprobation for election interference into formal legal action alleging conspiracy.
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The director of the Administrative Office of U.S. Courts released the following report on the Foreign Intelligence Surveillance Court’s activities during 2017. The report states that the FISC received 1,...
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The interplay between the politics of a democracy and its laws can sometimes be sharply illuminated when a curtain is drawn back and the political motives behind the acts of state are revealed despite of...
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Editor’s Note: This article originally appeared on Order from Chaos.
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During Mark Zuckerberg’s 10-plus hours of testimony before Congress on April 10 and 11, the Facebook CEO was asked at least six times about his company’s alleged censorship of conservative internet perso...
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The Military Commissions Trial Judiciary at Guantanamo Bay issued the following ruling on a defense motion to dismiss for lack of personal jurisdiction for absence of hostilities. Military Judge Col. Jam...
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That’s the remarkable claim purveyed this morning in a New York Times editorial. Here is the relevant passage:
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Now that liability for corporations (foreign ones, at least) under the Alien Tort Statute (ATS) is off the table, the recriminations can begin.
Tuesday’s Supreme Court decision in Jesner v. Arab Bank wa...