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The Indeterminacy of Zivotofsky’s Exclusivity Analysis
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... -
Proposed U.S. Export Controls: Implications for Zero-Day Vulnerabilities and Exploits
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. -
“State Opinio Juris and International Humanitarian Law Pluralism” by Michael N. Schmitt and Sean Watts
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... -
Dispute in the South China Sea: A Legal Primer
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... -
Guantanamo Detainee Files Supplemental Memorandum on the End of the War in Afghanistan
On June 5, 2015, in connection with recent motions practice, attorneys for habeas petitioner Mukhtar Yahia Naji al Warafi filed a supplemental memorandum with the U.S. District Court for the District of ... -
Today's Headlines and Commentary
According to the Pentagon, Iraqi security forces have demonstrated progress in their efforts to maintain control of the oil refinery outside the northern Iraqi city of Baiji. The Wall Street Journal repo... -
Congress and the IANA Transition—A Bipartisan Agreement
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... -
Zivotofsky’s Vindication (and the New York Times’ approval) of Signing Statements
It was a little dizzying this morning to read the NYT editorial board's full-throated endorsement of the Court’s decision in Zivotofsky. -
More Mischief than Guidance: What Zivotofsky Says About the Supreme Court
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... -
What the Latest Snowden Documents Actually Say
A kerfuffle broke out here at Lawfare last week over the significance of the new tranche of Snowden-procured documents released on Thursday. -
Jihadology Podcast Ep 1 w/ Jessica Lewis McFate (June 8, 2015)
Welcome to the first episode of the Jihadolgy podcast! The first part of this episode covers primary sources released between May 10th - June 1st: -
Summary of the Court’s Opinion This Morning in Zivotofsky v. Kerry
In his famous Youngstown concurrence, Justice Jackson began by reflecting that:
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