Legal

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Delaware Judge Rules that Jury Will Hear Dominion v. Fox Defamation Lawsuit

This ruling marks the first instance in which allegations that Dominion engaged in fraud have been declared false by a judge. On March 31, Delaware Superior Court Judge Eric M. Davis ruled that the de...

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Will Georgia's New Election Rules Allow Trump to Steal the Presidency?

Back in August, a new Republican majority of Georgia’s State Election Board sparked controversy when it approved rule changes related to election “certification,” or the process by which county electi...

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Are Tariffs an Emergency Power?

In his first few months in office, President Trump has unleashed a blitz of tariffs and threats of tariffs against Colombia, Canada , Mexico , the European Union , and China . On April 1, the White Ho...

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Giving Russian Assets to Ukraine—Freezing Is Not Seizing

What the executive branch should not do is pretend that Russia’s money can be used to provide material support to Ukraine in the face of existing legal barriers. Pundits have reveled in the prospect o...

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Response to Philip Zelikow: Confiscating Russian Assets and the Law

The United States and its allies can achieve the immediate goal of giving Ukraine the support it needs without exploding the longstanding and important distinction between seizure and confiscation of ...

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Does American Law Currently Authorize the President to Seize Sovereign Russian Assets?

A response to Paul Stephan and some thoughts about the ongoing debate. Since Russia began its horrific invasion of Ukraine, there has been a concerted global effort to identify lawful ways to freeze, ...

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Lawfare Daily: Why AI Won’t Revolutionize Law (At Least Not Yet), with Arvind Narayanan and Justin Curl

Alan Rozenshtein, research director at Lawfare , speaks with Justin Curl, a third-year J.D. candidate at Harvard Law School, and Arvind Narayanan, professor of computer science at Princeton University...

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Military Neutrality Is Fidelity

On Oct. 17, various Tennessee lawmakers filed a lawsuit against Tennessee Gov. Bill Lee seeking to block the governor’s deployment of the Tennessee National Guard into the streets of Memphis at the re...

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The Lawfare Podcast: Jack Goldsmith and Bob Bauer on Reforming the Insurrection Act

The Insurrection Act is a provision that allows the president to deploy the U.S. military for domestic law enforcement. It’s been invoked dozens of times by presidents to respond to crises in the over...

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Section 502(f) Is Not a Blank Check

Editor’s Note: This essay is part of a series on the limitations, drawbacks, and dangers of domestic deployments , from Lawfare and Protect Democracy. The National Guard plays a crucial role in the Un...

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Supreme Court Rules in Fischer v. U.S.

On June 28, in a six-to-three ruling, the Supreme Court found that to prove a violation of Section 1512(c)(2), the government “must establish that the defendant impaired the availability or integrity ...

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The Pros and Cons of California's Proposed SB-1047 AI Safety Law

Creators of frontier AI models should be strictly liable for the harms those models cause. California SB-1047 , the Safe and Secure Innovation for Frontier Artificial Intelligence Models Act, was intr...

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Threading the Needle in United States v. Mackey

Section 241 can be applied in a manner that resolves the First Amendment concerns raised by Mackey and the government while allowing the law to achieve its intended purposes. Today, the U.S. Court of ...

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Dominion v. Fox is Just the Beginning

“Money is accountability,” announced Stephen Shackelford , a lawyer for the voting machine company Dominion, moments after a Delaware superior court judge announced that the company had settled its la...

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The Lawfare Podcast: The Crisis Facing Efforts to Counter Election Disinformation

Over the course of the last two presidential elections, efforts by social media platforms and independent researchers to prevent falsehoods from spreading about election integrity have become increasi...

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FBI Warns That Deepfakes Will Be Used Increasingly in Foreign Influence Operations

On Mar. 10, the FBI’s Cyber Division released a Private Industry Notification (PIN) warning that “Malicious actors almost certainly will leverage synthetic content for cyber and foreign influence oper...

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Prioritizing International AI Research, Not Regulations

How best to govern artificial intelligence (AI) remains an open question. Many of the proposed answers have focused on regulation. Scholars, labs, and policymakers, for instance, have been debating th...

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Cyber Operations on Domestic Networks Redux

Cyber operations may already be coming for Antifa. The rest of us, and especially Big Tech, will be caught in the middle. This past June we wrote, speculatively, in these pages about the legal issues ...

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Israel Responds to the ICC Prosecutor's Request for Arrest Warrants

On Oct. 7, the State of Israel responded to the International Criminal Court (ICC) prosecutor’s request for arrest warrants. Israel requested, under Article 18(1) of the Statute of the ICC, an order f...

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Artificial Intelligence Is Accelerating Iranian Cyber Operations

In late June and early July, Iranian hackers stole information from Donald Trump’s presidential campaign and sent it to Biden campaign officials, according to the Office of the Director of National In...

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