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Using Qui Tam Statutes to Check Unconstitutional Exercises of Executive Power
The Supreme Court has severely curtailed—and in many cases effectively eliminated—the ability to sue federal officials to vindicate constitutional rights. Congress can force courts to entertain these sui... -
Can Law Enforcement Officers Refuse to Identify Themselves?
It’s complicated. -
Did a Government Drone Flight Over a Protest Violate the Fourth Amendment?
The Supreme Court’s landmark Fourth Amendment decision in Carpenter could impose new limits on aerial surveillance. -
Suits Under Title III of the Helms-Burton Act Suffer Their First Significant Setback
One year ago, President Trump allowed Americans with claims to property confiscated by the Cuban government to sue any entity that “traffics” in that property. But a recent decision by a Florida district... -
Why Were Out-of-State National Guard Units in Washington, D.C.? The Justice Department’s Troubling Explanation
Either the Justice Department’s legal reasoning is wrong, or it’s right—in which case Congress should close the loophole immediately. -
What Made Trump’s Protest Response in D.C. Unique?
National Guard troops and federal law enforcement were deployed across the nation’s capital without the consent of the city—a reminder of the unique relationship between Washington, D.C., and the federal... -
What Is Qualified Immunity, and What Does It Have to Do With Police Reform?
The protests ignited by the police killing of George Floyd have put a spotlight on the legal doctrine of qualified immunity—one of many structural factors that makes it difficult to hold police officers ... -
Anti-Government Extremists Charged With Conspiracy to Incite Violence at Las Vegas Protests
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How to Fix America’s Failing Sanctions Policy
The United States needs a theory of sanctions, based on honest reflection and study of how economic pressure can and can’t induce the types of behavioral changes that policymakers aim for. -
Rational Security: The 'America is Hurting' Edition
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Department of Homeland Security Law Enforcement Agencies Require Expanded Oversight
The potential for expanded interior Homeland Security law enforcement activity raises questions about whether components of the department being called upon are subject to appropriate training, preparati... -
The Lawfare Podcast: Rashawn Ray on Police Violence