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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. -
Nuremberg's Regrettable Sibling: The Contradictions of the Tokyo Tribunal
A review of Gary Bass, "Judgment at Tokyo: World War II on Trial and the Making of Modern Asia" (Knopf, 2023) -
The Lawfare Podcast, Trump’s Trials and Tribulations: Two Weeks Until a Trial
Listen to this week's episode of Trump's Trials and Tribulations -
It Depends Who’s Doing the Jawboning
In Murthy v. Missouri, one vital piece of context has gone unacknowledged: Different administrations operate differently. -
The Lawfare Podcast: Shannon Togawa Mercer on Negotiating with the Bad Guys
Is it legal to negotiate with and pay off foreign ransomware gangs? -
ICJ Orders Additional Provisional Measures in South Africa v. Israel
Referencing the worsening conditions and imminent famine in Gaza, the Court ordered Israel to ensure the provision of humanitarian assistance, among other measures. -
Rational Security: The “A Terrorism Briefing from a Goldendoodle” Edition
This week, Alan Rozenshtein and Quinta Jurecic were joined by Tyler McBrien and Daniel Byman to talk over the week’s national security news, including: -
Could the Special Counsel Challenge Judge Cannon’s Jury Instructions Before They’re Delivered?
Though rarely tried, prosecutors have successfully challenged proposed jury instructions by mandamus actions—at least after the jury was sworn in. -
Lawfare Live: Trump's Trials and Tribulations, March 28
Join the Lawfare team for a discussion of the trials of Donald Trump -
A Trial Date Certain-ish: NY Trump Case Set to Begin April 15
A dispatch from the courtroom of Justice Juan Merchan, who set the date for the first criminal trial of a former president—again. -
The “Continue Withholding” Directive in Trump v. United States
The Supreme Court’s order to stop lower court proceedings in Trump v. U.S. raises many questions about the arcane workings of the Court’s emergency docket.
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