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Don’t Overread the Court’s Immunity Opinion
Chief Justice Roberts gives neither Trump nor any future president a green light to tyranny, as some initial reactions to his opinion fear. -
Facts Matter: A Critical Analysis of the ICJ’s Fact-Finding Approach
The upcoming release of the Palestine Advisory Opinion may raise significant questions about how the International Court of Justice establishes the facts on which an alleged breach of the law is made. -
Judge Cannon Dismisses Trump Classified Documents Case
Cannon reasoned that the appointment and funding of Special Counsel Jack Smith was in violation of the Appointments Clause. -
Lawfare Live: Judge Cannon Dismisses Classified Documents Case Against former President Trump
Watch a live podcast recording on Judge Cannon's order. -
Lawfare Daily: DHS Assistant Secretary Mary Ellen Callahan on AI Threats
How is DHS thinking about the risks of AI? -
Geography Is a Dealbreaker for Coalition Building in Asia
The countries that the United States is trying to rally together are too dispersed to share the same security concerns. -
Lawfare Daily: Trump Trials and Tribulations Weekly Round-up (July 11, 2024)
Listen to this week's episode of Trump's Trials and Tribulations -
The Week That Was: All of Lawfare in One Post
Your weekly summary of everything on the site. -
How the 'Muslim Ban' Case Foreshadowed Trump v. United States
Both cases found the justices split on whether to separate the president from the presidency. -
The TikTok Ban Is Terrible. But Courts Should Not Overturn It as Unconstitutional.
Overturning the law on First Amendment grounds would require courts to make policy judgments that should be left to the political branches. -
Lawfare Daily: The Supreme Court Takes the Bait: Loper Bright and the Future of Chevron Deference
How could the Loper Bright decision impact executive agencies' regulations? -
A Rule for the Ages, or a Rule for Trump?
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. -
Rational Security: The “Pétanque-a-Donk” Edition
This week, Quinta Jurecic and Scott Anderson were joined by Tyler McBrien and Eric Ciaramella to talk over all the national security news. -
Goodbye to Special Counsel Investigations of Incumbent Presidents
Missing in much commentary about Trump v. United States is what it means for the expansion of immunities for presidents while in office. -
Lawfare Daily: What China Thinks of Military AI with Sam Bresnick
How concerned should we be about China's use of AI in war? -
Why the Data Ocean Is Being Sectioned Off
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.” -
Lawfare Live: Trump's Trials and Tribulations, July 11
Join the Lawfare team tomorrow for a discussion of the trials of Donald Trump. -
Chips for Peace: How the U.S. and Its Allies Can Lead on Safe and Beneficial AI
The United States and its democratic allies can lead in AI and use this position to advance global security and prosperity. -
Lawfare Daily: Scott Singer on AI and US-China Relations
Discussing whether AI has increased tensions between China and the U.S. -
ICC Prosecutor Tapped External Panel to Review Evidence: Is That Even Allowed?
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...
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The Week That Was: All of Lawfare in One Post
Your weekly summary of everything on the site. -
Stitching Together the Cybersecurity Patchwork Quilt: Data
The government’s actions this year on sensitive personal data reflect a welcome, albeit uneasy, consensus, but don’t expect immediate results. -
Swipe Right for the Hottest Munitions
The latest edition of the Seriously Risky Business cybersecurity newsletter, now on Lawfare.