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The Week That Will Be
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Appropriate Norms Of State Behavior In Cyberspace: Governance In China And Opportunities For US Businesses
PDF version Last week the Hoover Institution published my paper —entitled "Appropriate Norms Of State Behavior In Cyberspace: Governance In China And Opportunities For US Businesses"—as part of its Aegi... -
The D.C. Circuit’s Passive-Aggressive Approach to Military Commission Mandamus
This Wednesday at 9:30 a.m., a three-judge panel of the D.C. Circuit (Rogers, Tatel and Griffith, JJ.) will hold a rare August argument session to hear the latest petition for a writ of mandamus from the... -
Senator Graham’s Proposed Return to the Independent Counsel Statute and the Problem of Impeachment Anxiety Syndrome
As Congress begins to respond more forcefully to Donald Trump’s excesses, a new proposal is taking shape: legislation to limit the president’s capacity to fire the special counsel. Lindsay Graham appears... -
The Court of Justice of the EU Delivers Judgments on Hamas and Tamil Tigers Sanctions
The Grand Chamber of the Court of Justice of the European Union (CJEU) has issued judgments in two appeals concerning EU counterterrorism sanctions against Hamas and the LTTE (Tamil Tigers). -
Preventing a Nuclear 9/11: State-Based Strategies to Deter Non-State Threats
Editor’s Note: Non-proliferation has been an imperfect but real policy success in the modern era. However, the emergence of the North Korean program and continued problems with other nuclear weapons stat... -
Chinese Cyber Diplomacy in a New Era of Uncertainty
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Our Non-Unitary Executive
The Trump Presidency is a strange combination of menacing and impotent. It is also fractured internally like no presidency in American history. -
If the Attorney General Is Fired, Who Acts as Attorney General?
Although Attorney General Jeff Sessions has reportedly expressed no inclination to resign, President Donald Trump’s evident and quite public “disappointment” over Sessions’s (clearly correct) decision to... -
The Week That Was: All of Lawfare in One Post
Bob Bauer examined President Trump’s public beratement of Attorney General Jeff Sessions and his apparent misunderstanding of his relationship with the Justice Department. Jack Goldsmith discussed how th... -
The Lawfare Podcast: Jim Baker and Carl Ghattas on Section 702
On December 31, 2017, Section 702 of the FISA Amendments Act will sunset. While U.S. officials insist that the provision authorizes critical intelligence gathering, it remains an open question whether Co... -
Hacking, Fate-Sharing and Going Dark
It is with deliberate contempt that I describe vendors of “lawful” interception malcode such as Hacking Team, FinFisher, and NSO group as ascribing to the “Wehrner von Braun School of Rocketry”. They st...
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