Legal

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A Pound of Flash: Rhetoric Versus Reality When FISA Section 702 is Not Too Big to Fail

The surveillance authority could expire unless significant reforms are made—it is time for the Biden administration to assist Congress in addressing Section 702’s most controversial aspect. Hours ago,...

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The Lawfare Podcast: What the Hell Happened in Russia?

It was a heck of a weekend in Russia. There was an insurrection, kind of? A coup, sort of? A column of troops led by Wagner chieftain Yevgeny Prigozhin marched toward Moscow from Rostov-on-Don, threat...

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Justice and the Confiscation of Russian State Assets

If the United States confiscates Russian state assets and transfers them to Ukraine, it shou As Russia’s war on Ukraine lumbers on, calls to confiscate already-frozen Russian state assets grow louder....

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The Lawfare Podcast: The Israeli Judicial System on the Brink

Amichai Cohen and Yuval Shany are both Israeli legal scholars and longtime Lawfare contributors. Shany is a professor of international law at the Hebrew University Law School in Jerusalem. Cohen is a ...

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The Lawfare Podcast: Protests, the Police, and the Press

Carolyn Cole, a Pulitzer-Prize winning staff photographer for the Los Angeles Times, has covered wars and other conflicts in Afghanistan, Iraq, Israel, Kosovo, Liberia, Sudan, Nicaragua, Haiti, and th...

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The Lawfare Podcast: A ‘New Era in Police Reform?’ with Christy Lopez

On July 27, the Justice Department announced a sprawling civil rights investigation , also known as a pattern or practice investigation, into the City of Memphis and the Memphis Police Department. The...

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Afghanistan Requires a Change from Humanitarian Business as Usual

Given Afghanistan’s economic weakness and uncaring regime, the international community’s current approach to humanitarian aid for the country is unsustainable. International humanitarian aid is critic...

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State Department Releases After Action Review on Afghanistan

On June 30, the State Department released its After Action Review on Afghanistan. The review—which was delivered at the request of Secretary of State Antony Blinken—is intended to study the department...

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Is the Israel-Hamas War Spilling Over Into Europe?

Unpacking the rise in antisemitic and anti-Muslim incidents beyond the Middle East. With approximately 1,200 Israelis killed after the Oct. 7 Hamas attack, and an estimated 15,000 Palestinians killed ...

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The Lawfare Podcast: Inside the Capitol Police’s Intelligence Dysfunction

The House’s select committee on Jan. 6 may have wound down its work at the end of December 2022, but questions about why law enforcement, including the U.S. Capitol Police, were unprepared for the pos...

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One Small Legislative Step for Cybersecurity

Legislation granting the FDA express regulatory authority over the cybersecurity of medical devices points the way to incremental improvements in other sectors and products. The massive appropriations...

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Witnesses Testify at House Hearing on AUMF and Article I Powers

On Sept. 28, the House Committee on Foreign Affairs held a hearing on reforming the 2001 Authorization for Use of Military Force. The hearing looked at the possible impact of reform on global countert...

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The Government’s First Amendment Interest in Ensuring Free Expression on Private Platforms

Last month, Solicitor General Elizabeth Prelogar filed a brief in the petitions for certiorari for two of what could be the most important Supreme Court cases ever in their impact on the internet. The...

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What the Supreme Court Says Platforms Do

Legal questions about internet platforms have, at long last, arrived at the Supreme Court. After taking virtually no cases on the topic since the 1990s , the Court accepted two in the 2022-2023 term: ...

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Reflections on Renewing and Reforming FISA Section 702

More than 70 years ago, U.S. Supreme Court Associate Justice Robert Jackson wrote , “The purpose of the Constitution was not only to grant power, but to keep it from getting out of hand.” Since the re...

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Why the Manhattan DA Trump Case Cannot Be Removed To Federal Court

Last month, a Manhattan grand jury indicted Donald J. Trump for violating state law based on alleged “hush money” payments to Stormy Daniels. To be precise, Michael Cohen, who was then-candidate Trump...

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Human Subjects Protection in the Era of Deepfakes

For years, the U.S. government has funded research to detect and interdict deepfakes to combat foreign disinformation campaigns. Deepfakes are convincing digital forgeries—manipulated or generated ima...

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Gender Apartheid and Occupying Us to Freedom

In light of Taliban policies, prominent voices are calling for the codification of gender apartheid as a crime against humanity. Beware of its consequences. An international law and human rights exper...

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Biden Administration Declassifies Two Counterterrorism Memorandums

A presidential policy memorandum (PPM) governing direct action counterterrorism operations and a national security memorandum signed in October 2022 were recently declassified and released. The PPM ti...

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The Lawfare Podcast: The West Bank and the Israel-Hamas War

Since Hamas’s attack on Israel on Oct. 7, the Israel-Hamas war has largely been fought in Gaza, a small strip of land along the border of the Mediterranean Sea. But farther inland, there has been an u...

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