One of the U.S. economy’s most critical resources is the massive network of undersea cables that transverse the globe, carrying the overwhelming majority of all internet traffic. Over 400 fiber optic cab...

I am pleased to announce that today I started a new affiliation as a Senior Fellow at the R Street Institute. R Street is a self-described "free-market think tank with a pragmatic approach to public pol...

This is the first in a series of posts on the Classified Information Procedures Act (CIPA). CIPA is a critical law for national security prosecutions: It establishes a number of key procedures that facil...

This week, a Senate Foreign Relations Committee hearing focused congressional and public attention on the president’s authority to launch a nuclear attack. The widest concern is not about procedure for l...

Editor’s Note: As the Trump administration weighs its options in Afghanistan, one of the biggest questions is whether to continue talks with the Taliban via its office in Doha—an office set up with stron...

Guantanamo Bay detainee Moath Hamza Ahmed al-Alwi’s protracted legal battle has filled the pages of Lawfare for quite some time—see here, here, here, and here—and for good reason: Al-Alwi’s case presents...

The Supreme Court will hear argument on Nov. 29th in Carpenter v. United States, a case on whether the Fourth Amendment applies to government collection of historical cell-site records. I wrote an amicus...

On Tuesday Nov. 14, the Solicitor General filed a brief urging the Supreme Court to grant certiorari in In re Vitamin C Antitrust Litigation, an international antitrust case that raises important questio...