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Jawboning and the Limits of Government Advocacy
Clear rules are hard to apply but especially necessary in these polarized times. -
Does a Civil Rights Law Prohibit Lies About Voting?
The U.S. Court of Appeals for the Second Circuit weighed the question during oral arguments in United States v. Mackey. -
Lawfare Live: Trump's Trials and Tribulations, April 11
Join the Lawfare team for a discussion of the trials of Donald Trump -
Correcting Presidential Immunity's Original Sin
In both civil and criminal cases, presidents should generally receive qualified, not absolute, immunity for official acts. -
Texas, Military Federalism, and the Southern Border
Interstate support for Texas’s border operations underscore states’ meaningful, but limited, independent authority to deploy military personnel for domestic operations. -
The Lawfare Podcast, Trump's Trials and Tribulations: Trump Gagged Once Again
Listen to this week's episode of Trump's Trials and Tribulations -
Threading the Needle in United States v. Mackey
Section 241 can be applied in a manner that resolves the First Amendment concerns raised by Mackey and the government while allowing the law to achieve its intended purposes. -
Rational Security: The “Going Once, Going Twice” Edition
This week, Alan Rozenshtein and Quinta Jurecic were joined by Natalie Orpett to talk through the week's big national security news -
There Is No General First Amendment Right to Distribute Machine-Learning Model Weights
Unlike source code, which humans use to express ideas to each other, model weights function primarily as machine-readable instructions. -
Lawfare Live: Trump's Trials and Tribulations, April 4
Join the Lawfare team for a discussion of the trials of Donald Trump -
A President and His Justices
A review of Cliff Sloan, “The Court at War: FDR, His Justices, and the World They Made” (PublicAffairs, 2023) -
The ICJ’s Modified Provisional Measures Order in South Africa v. Israel
The Court’s March 28 order finds that the exponentially deteriorating humanitarian conditions in Gaza constitute a change in the situation and warrant additional measures.