Latest in Criminal Justice & Rule of Law
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A Litigation Playbook for Narrative Warfare
Eric Schmitt’s “The Last Line of Defense” casts courts as stages for political spectacle rather than forums for justice—and rewrites the evidentiary record along the way. -
The Situation: Meanwhile
Some things happened. -
Canadian Courts Are Holding the Line on National Emergency Powers
As the Americas drift toward rule by fiat, Canadian courts are enforcing strict limits on emergency powers. -
Spyware-Based Searches for Domestic Criminal Law Enforcement
NSO Group’s and Paragon’s targeting of American markets warrant evaluation of spyware’s potential implications for domestic criminal justice. -
Slavery and Birthright Citizenship
The administration’s position in the birthright citizenship case contradicts the central purpose of the 14th Amendment’s Citizenship Clause. -
The Situation: An Investigation Based on Vaporous, Speculative Malice
On a judge’s opinion, the U.S. attorney’s unhinged press conference, and the government’s almost empty brief. -
In Case of Emergency: The Dubious Legality of Trump Allies' Draft EO
Conservative activists say that declaring a national emergency would allow Trump to assert sweeping authority over elections. They're wrong. -
Five Foreign Election Conspiracy Theories Making the Rounds Again
Conspiracy theories about 2020 fraud are being dredged up again as pretext for consolidating federal control over elections. -
The Trump Administration’s Legal Shell Game
Recent attempts to block wronged federal grantees from having their day in court reflect a broader Trump administration strategy. -
Lawfare Daily: The Trials of the Trump Administration, Feb. 27
Listen to the Feb. 27 livestream as a podcast. -
Can State Law Remedy Constitutional Violations by Federal Officers?
So-called converse 1983 statutes are percolating in statehouses across the country and could fill a critical constitutional gap. -
Lawfare Daily: Patronage Pardons: A Conversation with Prof. Lee Kovarsky about a Novel Feature of the Trump Administration
What are patronage pardons?


