On Monday, the Special Representative and head of the United Nations Support Mission in Libya (UNSMIL), Bernardino León, presented a new draft political agreement for Libya at a meeting of the Libyan Pol...

As the United States reigns in its surveillance practices, France is expanding its own.

Much anticipated for any number of reasons, Zivotofsky was perhaps most awaited for the valuable contribution it was to make in the form of its analysis of the scope of exclusive executive power. This an...

A year ago, U.S. policy on zero-day software flaws—vulnerabilities unknown to software vendors or users—made headlines. Now, zero-days are back in the news: on May 20, 2015, the U.S.

Mike Schmitt is well-known to many, probably most, regular readers of Lawfare—eminent and prolific scholar of the law of armed conflict (or international humanitarian law); driving force behind the Talli...

Although the United States will often urge the claimants to resolve the South China Sea dispute in accordance with “international law” writ broadly, the conflict is governed in reality by a number of dif...

The United States is in the midst of a transition that will, when completed, give up its contractual control of the Internet Assigned Numbers Authority (IANA). That authority is currently conducted by t...

It was a little dizzying this morning to read the NYT editorial board's full-throated endorsement of the Court’s decision in Zivotofsky.

Last year the Supreme Court, seized with a big constitutional question about foreign relations, feinted: Bond v. United States turned on rules of statutory interpretation rather than the constitutional b...

A kerfuffle broke out here at Lawfare last week over the significance of the new tranche of Snowden-procured documents released on Thursday.

In his famous Youngstown concurrence, Justice Jackson began by reflecting that:

In a special operations raid last month targeting a key ISIL figure in Syria, U.S. forces came away with that rarest of things: a prisoner. Abu Sayyaf's wife, Umm Sayyaf, was taken into custody during t...

A small outcropping of sand occasionally breaks the vast expanse of the South China Sea. These islands are modest, even diminutive, but they form the core of a fierce territorial dispute among six primar...

The Supreme Court in Zivotofksy held that the President can disregard a statute that requires him to designate “Israel” on passports of U.S. citizens born in Jerusalem because the statute (Section 214 of...