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Disqualifying Insurrectionists and Rebels: A How-To Guide
Could Section 3 of the 14th Amendment be used to bar Donald Trump and some of his allies from ever holding federal or state office again? -
The 14th Amendment’s Disqualification Provision and the Events of Jan. 6
Section 3 of the 14th Amendment is the best legal framework available for addressing the extraordinary events at the Capitol with respect to the eligibility of participants to hold public office. -
The Lawfare Podcast: Dan Hemel and Gerard Magliocca on Section 3 of the 14th Amendment
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Contact-Tracing Apps: What’s Needed to Be an Effective Public Health Tool
Many have discussed the shortcomings of contract-tracing apps during the pandemic. The real problem is the lack of adequate social and public health infrastructure in the U.S. -
Nomination Hearing: Alejandro Mayorkas as Next Secretary of Homeland Security
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Nomination Hearing: Avril Haines as Next DNI
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What’s at Stake in the Austin Waiver
The vote on whether to grant General Austin a waiver is a vote on whether the waiver will be a real constraint in the future. -
Online Service Providers and the Fight Against Child Exploitation: The Fourth Amendment Agency Dilemma
The Fourth Amendment government agency problem requires platforms to walk a fine—and sometimes untenable—line in searching for private user content that contains child sex abuse material and other illega... -
The Week that Was: All of Lawfare in One Post
Your weekly summary of everything on the site. -
Negotiating Peace in Iraq’s Disputed Territories: Modifying the Sinjar Agreement
The new agreement represents progress between Baghdad and Erbil, but will need revision to address the concerns of Yazidis and others in the disputed territories. -
The 2021 NDAA, White Supremacy and Domestic Extremism
The NDAA created new programs for combating white supremacy and domestic terrorism, but it omits two important proposals included in earlier versions of the bill. The Biden administration should consider... -
Cyber ‘Deterrence’: A Brexit Analogy
How “imposing costs on our adversaries” has become the “Brexit means Brexit” of cyberspace. -
How to Make the National Cyber Director Position Work
It will fall on the incoming Biden administration to implement the new office—and a great deal of hard work lies ahead. -
Today’s Headlines and Commentary
Lawfare’s daily roundup of national security news and opinion -
Can a Former President Be Impeached and Convicted?
A response to Judge Michael Luttig. -
How Could Law Enforcement Have Investigated Before the Capitol Riot?
As more information becomes public about the violence at the Capitol, it’s helpful to understand the basic rules under which the government collects information in advance of events like those that took ... -
The Lawfare Podcast: David Kris on the NSA Annex
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Report Details Justice Department's Push to Separate Immigrant Families
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A Proposal for a Commission on the Capitol Siege
An attempt to sketch out the justification for a commission as well as the mandate, major areas of inquiry and legislative language that are needed to guide this effort. -
NSA Releases Appendix to Rules Governing SIGINT Collection
More Articles
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Procedure as Substance in the UN Cybercrime Convention
The convention, which just opened for signature, is substantively similar to the Budapest Convention, but it is procedurally different, and that may make all the difference. -
Worried About AI Monopoly? Embrace Copyright’s Limits
Copyright’s limits play essential antimonopoly functions. Undermining them in the context of AI is likely to strengthen Big Tech. -
Lawfare Daily: Trials of the Trump Administration, Oct. 24
Listen to the Oct. 24 livestream as a podcast.
