Latest in Highlights
Published by The Lawfare Institute in Cooperation With 
-
Privacy as a Utilitarian Value
The Privacy and Civil Liberties Oversight Board is is an advisory body to assist the President and other senior Executive branch officials in ensuring that concerns with respect to privacy and civil libe... -
A New AUMF, The Lame-Duck Session, and the Meaning of Sunset Clauses
Two quick reactions to John Bellinger’s post on a new ISIL AUMF: I agree that the new Congress and not the lame duck Congress is best suited to revise the 2001 AUMF (and, in my opinion, also to put the ... -
The Lame Duck Congress Should Not Sunset the 2001 AUMF
I am troubled that the two proposals for a new AUMF posted by my Lawfare colleagues (Jack, Bobby, Ben, and Matt) and by a group at Just Security -- while constructive -- would both repeal the 2001 AUMF. ... -
Happy Veterans Day
From all of us here at Lawfare: a note of profound gratitude for the sacrifices made by our veterans and their families. -
A Response to Steve Vladeck on the AUMF Principles
I am a little perplexed by Steve's response to my critique of the AUMF principles he helped write. Steve accuses me of "hiding the ball." But he seems to me, rather, to be moving the goalposts. -
Ben's Sweeping Endorsement of the <em>Just Security</em> AUMF Principles
In his post this morning, Ben identifies what he calls "flaws" with three of the six principles for a use-of-force authorization for ISIL that were introduced yesterday by a group of legal experts (that ... -
Why Three of the Six <em>Just Security</em> AUMF Principles are Flawed
By coincidence, the same day that Jack, Bobby, Matt and I released our draft AUMF text, a group associated with Just Security released a document entitled "Principles to Guide Congressional Authorization... -
Why A Substantively Neutral But Procedurally Constraining AUMF Makes Sense
A few weeks ago Matthew Waxman and I ended our critical essay on President Obama’s war powers legacy by noting that “Obama’s legacy will look quite different if, after the midterm elections, he seeks and... -
Appellees File Supplemental Brief in Klayman v. Obama
A few days after oral argument before a three-judge panel of the D.C. -
Your Weekly Reminder to Contribute to Lawfare
Editor's Note: For those of you who have already contributed to Lawfare in response to my appeals, many thanks from all of us. -
ODNI Releases FISC Primary Order Pertaining to Telephony Metadata
On Thursday, the Office of the Director of National Intelligence released the latest declassified Foreign Intelligence Surveillance Court (FISC) Primary Order on its website. The Primary Order, issued b... -
Final Version, <em>A Rule of Lenity for National Security Surveillance Law</em>
The final version of my article, A Rule of Lenity for National Security Surveillance Law, has been posted online at the Virginia Law Review website. The article advocates a new approach to FISA reform:...
Topics
