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Private Lawsuits Against Nation-States Are Not the Way to Deal With America’s Cyber Threats
As cyber threats during the coronavirus pandemic increase, Congress has considered allowing private lawsuits against foreign states for alleged unauthorized cyber activity. This response would create mor... -
Will the United States Really Go to Zero Troops in Afghanistan?
The agreement with the Taliban calls for U.S. troops to withdraw entirely, but some conditions in the deal may prevent that. -
Negotiating With Jihadists in the Sahel and Nigeria
Are there opportunities to wind down fighting with some terrorist groups in the region? -
The Week that Was: All of Lawfare in One Post
Your weekly summary of everything on the site. -
Oral Argument Summary: In re: Michael Flynn
The D.C. Circuit Court of Appeals asks whether it should order a district judge to stop, stand up and salute when Attorney General William Barr tells him to drop the case against Michael Flynn. -
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... -
Fault Lines: Syria and Libya—Clone Wars?
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Protestors File Lawsuit Against Trump Over Clearing of Lafayette Square
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Can Law Enforcement Officers Refuse to Identify Themselves?
It’s complicated. -
The Lawfare Podcast: Evan Osnos on Tiananmen and Lafayette
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Today’s Headlines and Commentary
Lawfare’s daily roundup of national security news and opinion. -
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. -
D.C. Circuit Hears Arguments in Michael Flynn Case
Listen here. -
Today’s Headlines and Commentary
Lawfare’s daily roundup of national security news and opinion -
The Shoddy History Behind a Key Precedent in the Flynn Case
The Justice Department argues that Rule 48(a) of the Federal Rules of Criminal Procedure gives the judge in Michael Flynn’s case little leeway in dismissing the case against him. New research shows that ... -
Trump Signs Executive Order Authorizing Sanctions Against International Criminal Court
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The Lawfare Podcast: Eileen Donahoe on Protecting Free Expression Online
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Briefs Filed in Flynn Mandamus Appeal
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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... -
Rational Security: The 'Day Late and a Dollar Short' Edition
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The Week That Was
Your weekly summary of everything on the site. -
The Maritime Origins of Judicial Review
A review of Kevin Arlyck, “The Nation at Sea: The Federal Courts and American Sovereignty, 1789-1825” (Cambridge University Press, 2025). -
Colombia’s Transitional Justice Was Built to Survive de la Espriella
It is a global model for its domestic, not international, legal origins. Future peace may be the real cost of de la Espriella’s attacks.
