The New York Times published an editorial yesterday criticizing Monday's decision by the Second Circuit in ACLU v.

As I’ve argued previously here (at length) and here (briefly), if you are interested in government counterterrorism intelligence activities and privacy, don’t just pay attention at the federal level – th...

Samuel Moyn’s review of Mary Dudziak’s book War Time, like the book it reviews, makes interesting points about “endless war.”  Along the way Moyn says that my book Power and Constraint claims “that Barac...

I've lately been thinking of the scope and nature of cyber threats -- mostly in writing a still-in-draft response to Jack Goldsmith's recent defense of cybersecurity regulation.  In the interest of furth...

Published by Oxford University Press (2012) Reviewed by Samuel Moyn

Consider two views about what went wrong after 9/11 (if you think anything did).

The latest statement from the defense in United States v. Mohammed et al:

Lawfare's own Alan Rozenshtein has just published a short Note in the most recent Harvard Law Review explaining and critically discussing controversies surrounding the National Defense Authorization Act ...

A Fourth Circuit panel has affirmed the convictions of the Somali pirates who in 2010 attacked the USS Nicholas, rejecting their contention that their failure to actually board (let alone seize) the ship...

The Associated Press is reporting that, Secretary of State Hillary Rodham Clinton says U.S. cyber experts hacked al-Qaeda propaganda online in Yemen, changing ads that bragged about killing Americans int...

The following is a guest post from Professor Eugene Kontorovich (Northwestern Law; Institute for Advanced Studies) Prisoner trades and the case for Gitmo A recent revelation provides an important new pe...

I've gotten lots of helpful feedback both on- and offline re: yesterday's post on Clapper v. Amnesty International, and wanted to write in a bit more detail about (my understanding of) the foreign intell...