Editorial Guidelines

The archetypical Lawfare article is a balance of a thoughtful exploration of an interesting issue; a snappy argument paired with fair treatment of opposing views; and in-depth legal or policy analysis. Articles are often—but not exclusively—related to current events, giving our readers the opportunity to learn more about the issues of the day than they can find through traditional news sources. Articles may also focus on emerging areas of law or policy that the author believes warrant more attention or explanation.

The core of every Lawfare article should be some sort of legal or policy analysis, observation, or explanation—no grand-theory piece with a side of legal doctrine. Articles must be factually and analytically rigorous, prioritizing accuracy and thoroughness over winning an argument. As a rule, we almost never run op-eds or articles with an op-ed tone. Write for a somewhat more general audience, but don't be afraid of complexity or nuance. The typical Lawfare reader is patient enough to explore complicated issues, but we strive to make our analysis accessible to non-experts. 

In general, Lawfare articles:

  • Aim for 1,500-3,000 words. There’s some wiggle room here, but most Lawfare articles fall within this range; 
  • Use hyperlinks rather than footnotes or any other form of citation, such as Bluebook citations; 
  • Source liberally so that interested readers can learn more by clicking on the links;
  • Include a journalistic lede to front load the argument and introduce the topic in an engaging and readable way.

Wherever possible, Lawfare articles avoid: 

  • The pedantic, sensational, overly-simplistic, or one-sided;
  • Phrases like “Congress must act to [my preferred niche policy issue]” and “In this article, I will….”; 
  • Needless use of U.S. code where the plain English term will do; 
  • Legal writing conventions unfamiliar to non-legal audiences, such as supra and infra;
  • Most instances of legal Latin—terms like jus ad bellum that lack concise English counterparts are fine, but we tend to avoid even using something like dicta.

Artificial Intelligence (AI) Policy

Use of AI in Writing and Researching

Lawfare does not accept articles that have been primarily authored by generative artificial intelligence (AI). The responsible use of AI is permitted for conducting the underlying research for an article or for drafting assistance, so long as it is consistent with scholarly and journalistic best practices, including to ensure accuracy. Where authors have used AI during the research or drafting of an article, they are permitted to disclose that use but are not required to do so.

As a general matter, linked source material (that is, citations) cannot be AI-generated. Where authors wish to use AI-generated output—for instance, if they have used AI to produce empirical analyses of voluminous data—they must disclose the fact that the source is AI-generated, discuss the methodology through which the source was produced, and explain why the use of AI is appropriate under the circumstances.

AI-Generated Images

Lawfare prefers not to use AI-generated imagery in its online publication. It does not impose an absolute ban on the use of AI-generated images in editorial content (such as the lead image or an image embedded in the body of an article), but exercises a presumption against publishing fake, misleading, or plagiarized content. Whenever possible, the editorial team will seek to use real photographs. AI-generated images will be considered for use if (1) it is particularly difficult to source public domain or fair use photographs on the relevant topic; and (2) it is particularly relevant to the substantive discussions in the copy. If and when editorial content uses AI-generated imagery, Lawfare will always add a label describing it as such. 

Republication Policy

Authors retain all right, title, and interest, including all copyright rights, in and to their contributed piece.

By publishing in Lawfare, authors grant us the exclusive right to first publication of their piece in any medium for ninety days from the first publication date. (This means that neither they nor anyone else, other than Lawfare, can publish the piece for the first ninety days from initial publication, unless Lawfare provides express written consent.) Authors also grant us the non-exclusive right to reproduce, distribute, publish, adapt, and otherwise use their article, with the right to sublicense such rights to others.

If at any time authors republish or adapt their piece, they are required to credit Lawfare as the source of first publication and provide a link to the url at which the piece is published on Lawfare’s website (http://www.lawfaremedia.org/). (This means that Lawfare may use the piece but, after ninety days from initial publication, so may authors and others whom they authorize, provided that Lawfare is credited as the source of first publication and a link to the article url on Lawfare’s website is provided.) 

Failure to abide by this policy may affect authors’ ability to write for Lawfare in the future. Please feel free to contact our team with any questions.