| Date | Title | Description |
| 10.05.2025 | Opinion: Lee Fang: Is your favorite influencer’s opinion bought and sold? | In both schemes, on the left and the right, those creating the content made little to no effort to disclose that payments could be involved. For ordinary users stumbling on the posts and videos, what they saw would have seemed entirely orga... |
| 29.04.2025 | Trump’s Second First 100 Days: A Storm of Controversy and Change | Donald Trump’s second first 100 days in office have been nothing short of a whirlwind. Like a tempest sweeping through a calm landscape, his administration has unleashed a torrent of executive orders, tariffs, and confrontations. The echoes... |
| 29.04.2025 | Harvard Under Fire: The Race-Based Discrimination Investigation | Harvard University, a beacon of academic excellence, now finds itself in the crosshairs of a federal investigation. The Trump administration has launched a probe into allegations of race-based discrimination at the Harvard Law Review. This ... |
| 29.04.2025 | US probes Harvard and its law review for 'race-based discrimination' | BOSTON: President Donald Trump's administration on Monday (Apr 28) said it was probing whether Harvard University and the Harvard Law Review violated civil rights laws when the journal's editors fast-tracked consideration of an article writ... |
| 28.04.2025 | In first 100 days, Trump struggles to make good on promises to quickly end Ukraine and Gaza wars | Trump has moved at dizzying speed to shift the rules-based world order that has formed the basis for global stability and security in the aftermath of World War II.
All sides have scrambled to acclimate as Trump launched a global tariff war... |
| 28.04.2025 | White House focuses on border crackdown as it marks 100 days for Trump’s second term | White House press secretary Karoline Leavitt, with White House border czar Tom Homan, speaks with reporters in the James Brady Press Briefing Room at the White House, Monday, April 28, 2025, in Washington. (AP Photo/Mark Schiefelbein)
Tuesd... |
| 28.04.2025 | Trump administration launches race-based discrimination investigations against Harvard Law Review | An email seeking comment was sent Monday to a spokesperson for Harvard.
Harvard is among multiple universities across the country where pro-Palestinian protests erupted on campus amid the war in Gaza last year. Republican officials have sin... |
| 28.04.2025 | Trump administration targets Harvard Law Review with race-based discrimination investigation | The Trump administration is investigating Harvard University and the Harvard Law Review after a report of alleged race-based discrimination at the legal journal.
The announcement comes as the Trump administration and Harvard feud over deman... |
| 26.03.2025 | The Judiciary Under Siege: A Clash of Powers in America | In the heart of Washington, a storm brews. The judiciary, a cornerstone of American democracy, finds itself under siege. The new administration, led by Trump, is testing the waters. The waters are murky, and the stakes are high. This is not... |
| 25.03.2025 | Republicans look to rein in courts, judges as Trump rails against rulings | Not yet 100 days into the new administration, the unusual attack on the federal judiciary is the start of what is expected to be a protracted battle between the co-equal branches of government, unmatched in modern memory. As the White House... |
| 20.08.2024 | OpenAI strikes content deal with Condé Nast, raising questions about future of publishing | Join our daily and weekly newsletters for the latest updates and exclusive content on industry-leading AI coverage. Learn More
Artificial intelligence company OpenAI has reached an agreement with Condé Nast, the publisher behind Vogue, The ... |
| 30.05.2024 | Trump's New York felony conviction can't keep him from becoming president | Former President Trump's New York felony conviction Thursday on 34 counts of falsifying business records related to a "hush money" payment to adult film star Stormy Daniels can't stop him from becoming president if the voters put ... |
| 16.05.2024 | LLM field landscape | Привет, Хабр!
TL;DR
Это обзор на актуальные концепты, задачи, проблемы и исследования, связанные с Large Language Models (LLM) и Language Modeling (LM).
Минимальные пререквизиты для чтения обзора:
Вы имеете представление об NLP - вам знаком... |
| 14.02.2024 | Polyamory gets more attention and legal protection | This Valentine's Day, more people are thinking about love — beyond monogamy.
Why it matters: Media coverage, a buzzy new memoir and shows like "Couple to Throuple" are bringing polyamory into mainstream conversations, but limited ... |
| 21.12.2023 | NASCAR Fan-Friendly Copyright Claims Needed Extra Boost to Pacify Fans | Recurring news that another established and popular content creator faces copyright issues on YouTube is something the world will have to get used to.
Developing copyright law tends to go in one direction and with most social media platform... |
| 04.12.2023 | Record Labels Urge Court to Uphold $47 Million Piracy Liability Verdict | Late 2022, several of the world’s largest music companies including Warner Bros. and Sony Music prevailed in their lawsuit against Internet provider Grande Communications.
The record labels accused the Astound-owned ISP of not doing enough ... |
| 27.10.2023 | Excited delirium: a deadly term finally laid to rest | George Floyd. Angelo Quinto. Elijah McClain.
All three men were killed by lethal force inflicted by the police, and all three deaths were initially blamed on something called “excited delirium.” For years, law enforcement officers and other... |
| 11.08.2023 | Florida sets up formerly incarcerated people to vote — then arrests them | In a country where wealth and friends in high places can go a long way in making legal problems disappear, John Boyd Rivers has neither of those advantages.
He and his wife barely scrape by in Alachua County, Florida, raising eight children... |
| 05.06.2023 | Can Congress Bar Fully Autonomous Nuclear Command and Control? | Sens. Edward Markey, Elizabeth Warren, Jeff Merkley, and Bernie Sanders recently released a draft bill to safeguard nuclear command and control from future policy changes that might allow an artificial intelligence (AI) system to make nucle... |
| 01.06.2023 | Gig workers in California to receive millions for unpaid vehicle expenses | Uber, Lyft, DoorDash and other app-based ride-hail and delivery companies will have to reimburse California gig workers potentially millions of dollars for unpaid vehicle expenses between 2022 and 2023.
The back payments come from a provisi... |
| 10.05.2023 | How a US Supreme Court ruling is transforming gun control | It was the 199th mass shooting of the year so far in the United States: On Saturday, a gunman in Allen, Texas, opened fire at an outdoor shopping mall, killing eight people, three of whom were children.
But even as the bloodshed has prompte... |
| 02.04.2023 | Editorials
Editorials | Editorial: Polis’ efforts at zoning reform are ambitious but off the mark | Gov. Jared Polis’ recent announcement of legislation intended to reform zoning ordinances across Colorado has ignited a fierce debate about housing, land use and the state’s power over municipal governments.
But for all its admirable ambiti... |
| 13.01.2023 | Turkiye Halk Bankasi A.S. v. United States, Part 2: What to Do If the FSIA Does Not Apply? | Editor's Note: This is the second in a three-part series on oral arguments in Turkiye Halk Bankasi A.S. v. United States. Click here for part one and here for part three.
Our first article argued that the best reading of the FSIA’s text and... |
| 23.12.2022 | Congress Mandates Sweeping Transparency Reforms for International Agreements | Editor's Note: This post also appears on Just Security.
The National Defense Authorization Act for Fiscal Year 2023 (NDAA), which Congress passed on Dec.15 and President Joe Biden signed today, contains sweeping new transparency requirement... |
| 29.11.2022 | The National Security Law Podcast: Maybe This Episode Should Pay to Get Verified | Hello friends! We’re back with a new episode. Tune in as Professor Steve Vladeck and Dean Bobby Chesney chat about (1) the fate of Twitter, (2) the national security implications of the election results, (3) a just-released 2016 NSA IG repo... |
| 01.11.2022 | 46 landmark Supreme Court cases that changed American life as we knew it | Members of the Supreme Court sit for a new group portrait following the addition of Associate Justice Ketanji Brown Jackson, at the Supreme Court building on Friday, Oct. 7, 2022. AP Photo/J. Scott Applewhite
The US Supreme Court was formed... |
| 07.10.2022 | The Fifth Circuit Holds That DACA Exceeds Executive Authority | On Oct. 5, the U.S. Court of Appeals for the Fifth Circuit held in Texas v. United States that the Deferred Action for Childhood Arrivals (DACA) program conflicted with the limits on executive authority in the Immigration and Nationality Ac... |
| 29.09.2022 | Tornado Cash Sanctions Are Unduly ‘Creative’ With the First Amendment | In May, Nicholas Weaver suggested in Lawfare that the U.S. Treasury should “creatively” sanction Tornado Cash. In August, the Office of Foreign Assets Control (OFAC) followed Weaver’s advice. The results were pretty disastrous for civil lib... |
| 27.09.2022 | Social Media Transparency Rules, Zauderer Standard Head to Supreme Court | In 2021, Florida passed SB 7072, a pathbreaking (in a bad way) social media speech law. This May, the U.S. Court of Appeals for the Eleventh Circuit issued a significant opinion, NetChoice v. Moody, on that law’s constitutionality. One side... |
| 23.09.2022 | Previously Undisclosed OLC Opinions Illuminate the Growth of Executive Power | Editor's Note: Pursuant to a FOIA settlement, the Knight Institute recently received a set of previously undisclosed OLC memoranda related to executive privilege. They have provided these memoranda to Lawfare to read and consider how they f... |
| 20.09.2022 | The Fifth Circuit’s Social Media Decision: A Dangerous Example of First Amendment Absolutism | On Sept. 16, the Fifth Circuit issued its opinion in NetChoice v. Paxton, upholding the controversial Texas law that limits the ability of large social media platforms to moderate content and also imposes disclosure and appeal requirements ... |
| 09.09.2022 | State Constitutions as a Defense Against Election Subversion | In a recent landmark decision, the North Carolina Supreme Court limited the power of an unconstitutionally gerrymandered legislature to initiate amendments to the state constitution. The case is a big deal for the law of democracy. The reme... |
| 13.07.2022 | Carpenter Should Replace Katz in Fourth Amendment Law | For more than 50 years, legal scholars, judges, attorneys, and law students have centered their analyses of the Fourth Amendment on the famous Katz test. It determines in most cases what a Fourth Amendment “search” is and, thereby, whether ... |
| 07.07.2022 | Supreme Court Eases Biden’s Way to Ending “Remain in Mexico” Program, but Termination Is Not a Done Deal | In a 5-4 decision on June 30, the Supreme Court cleared away a major obstacle to the Biden administration ending the Trump administration’s “Remain in Mexico” program (officially called Migrant Protection Protocols or MPP). Chief Justice Jo... |
| 24.06.2022 | A First Circuit Decision and the Future of Telephone Pole Camera Surveillance | Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) agents suspected that Nia Moore-Bush was involved in illegal drug and firearm sales. So, without obtaining a warrant, they mounted a sophisticated camera on a telephone pole and sur... |
| 13.06.2022 | The Impotence of the Fourth Amendment in a Post-Roe World | Editor’s Note: Abortion rights and the law surrounding reproductive freedoms are beyond the scope of Lawfare’s remit. The surveillance architecture that will govern investigations of abortion-related crimes and civil liability for reproduct... |
| 16.05.2022 | Online Data Could Be Used Against People Seeking Abortions If Roe v. Wade Falls | Apps for tracking reproductive health are convenient, but the data they collect could be used against you. Tarik Kizilkaya/iStock via Getty Images |
| 15.04.2022 | Elon Musk Demonstrates How Little He Understands About Content Moderation | Lots of talk yesterday as Elon Musk made a hostile takeover bid for all of Twitter. This was always a possibility, and one that we discussed before in looking at how little Musk seemed to understand about free speech. But soon after the bid... |
| 04.03.2022 | The Lawfare Podcast: Data Federalism | Over the past two decades, much of the public's attention has been focused on private markets for individual data, but another equally invasive and expansive market has emerged during this time. The public sector, composed of the federal go... |
| 07.02.2022 | Olay Announces Second $1 Million Commitment To Closing The Gender Gap In STEM | Teacher with a group of university students, in a laboratory classroom. The instructor is ... [+] considering one of the students work, the mood is light hearted and positive. Other classmates are discussing things with each other. This is ... |
| 01.02.2022 | Specters of Fear and Executive Power | A review of David M. Driesen, “The Specter of Dictatorship: Judicial Enabling of Presidential Power” (Stanford University Press, 2021).
***
A “specter,” according to Merriam-Webster, is “a visible disembodied spirit, a ghost; something that... |
| 24.01.2022 | What the Supreme Court’s Rejection of the Employer Vaccinate-or-Test Rule Means for Biden’s Agenda | The Biden administration’s pandemic response strategy suffered a setback on Jan. 13. The Supreme Court handed down a rushed decision that stayed a workplace safety rule issued by the Occupational Safety and Health Administration (OSHA) in N... |
| 29.11.2021 | Washington Post Forgets It Fought (And Won) Legal Battle Against Mandatory Transparency; Now Demands Internet Co's Face The Same | A few years ago the Washington Post (and a bunch of other newspapers) fought and won a fairly important 1st Amendment lawsuit to strike down as unconstitutional a Maryland law that required news organizations to publicly post information ab... |
| 06.10.2021 | A History, Taxonomy and Qualified Defense of the Presumption of Regularity | Lawfare has been no stranger to discourse on the presumption of regularity during the Trump administration (see here, here, here, here, here and here). The presumption gained national significance during the Trump administration, but, with ... |
| 12.08.2021 | Why Carefully Designed Public Vaccination Mandates Can—and Should—Withstand Constitutional Challenge | To what extent do individual rights limit government authority to mandate vaccination? Pre-pandemic precedents provide important—but incomplete—guidance to courts as they grapple with challenges to a rapidly rising wave of coronavirus vacci... |
| 26.07.2021 | Informal Government Coercion and The Problem of "Jawboning" | For years now, scholars have expressed alarm at the tendency of government officials to use informal means, rather than democratically enacted laws, to pressure the social media companies to take down what they consider to be harmful or off... |
| 09.07.2021 | The Real Takeaway From the Enjoining of the Florida Social Media Law | On June 30, Judge Robert Hinkle of the U.S. District Court for the Northern District of Florida preliminarily enjoined a controversial Florida law targeting social media platforms. Senate Bill 7072 was enacted in May and would levy fines an... |
| 09.06.2021 | Harry and Meghan’s Lilibet could be US President – but not if she takes a royal title | The Duke and Duchess of Sussex in Cape Town.
COURTNEY AFRICA/POOL/AFP via Getty Images
Meghan and Harry's daughter Lilibet could, theoretically become President of the United States.
Thanks to the geography of her birth, Lili is eligible to... |
| 09.06.2021 | Prince Harry and Meghan Markle’s daughter Lilibet could grow up to be president, but only if she doesn’t take a royal title | The Duke and Duchess of Sussex in Cape Town. COURTNEY AFRICA/POOL/AFP via Getty Images
Meghan and Harry’s daughter Lilibet could become president of the United States.
Lili is eligible to hold office, so long as she doesn’t accept a royal t... |
| 01.06.2021 | Digital Disease Surveillance | The slowdown of the coronavirus emergency in the United States presents an opportunity to look back and think about how policymakers could have handled it better. Hopefully part of this conversation will center around digital contact tracin... |
| 21.04.2021 | An Opportunity for Congress to Improve Transparency of the Executive's International Agreements | This piece has been cross-posted to Just Security.
Tucked into the proposed bipartisan Strategic Competition Act of 2021, which was voted out of the Senate Foreign Relations Committee today, is a set of amendments that, if enacted, would co... |
| 06.04.2021 | ‘Coded Bias’ Is the Most Important Film About AI You Can Watch Today | Before it was even released, Coded Bias was positioned to become essential viewing for anyone interested in the AI ethics debate. The documentary, which was released on Netflix this week, is the kind of film that can and should be shown in ... |
| 17.02.2021 | Zuckerberg's Grand Illusion: Understanding The Oversight Board Experiment | Everyone, it seems, has an opinion about The Oversight Board — which everyone refers to as the Facebook Oversight Board, because despite its plans to work with other social media companies, it was created by Facebook, and feels inevitably c... |
| 17.02.2021 | Zuckerberg's Grand Illusion: Understanding The Oversight Board Experiment | Everyone, it seems, has an opinion about The Oversight Board -- which everyone refers to as the Facebook Oversight Board, because despite its plans to work with other social media companies, it was created by Facebook, and feels inevitably ... |
| 17.02.2021 | The Cyberlaw Podcast: “This Is How They Tell Me the World Ends” | Our interview this week is with Nicole Perlroth, The New York Times reporter and author of This Is How They Tell Me the World Ends: The Cyberweapons Arms Race. It’s wide-ranging, occasionally confrontational and a great tour of the issues r... |
| 08.02.2021 | The President’s Authority to Rejoin the Open Skies Treaty | On Nov. 22, 2020, the United States announced its withdrawal from the Open Skies Treaty. This decision was made unilaterally by the Trump administration and carried out in a way that conflicted with a congressional mandate. Prior to its ann... |
| 04.02.2021 | President Biden Is Man, Woman And 40 Years Old - Why We Need Algorithmic Transparency | Did you know that the German Chancellor Angela Merkel is a boy and that Joe Biden is both a "man" and a "woman"? Those are the insights you will get if you feed Angela and Joe's images into Microsoft's MS Azure's Vision ... |
| 01.02.2021 | Parler Wasn’t Hacked, and Scraping Is Not a Crime | Thanks to its association with the attack on the U.S. Capitol, Parler, a social media network popular with supporters of former President Trump, became a household name just in time to vanish from the web. In that narrow window between Jan.... |
| 14.01.2021 | The Biden Administration and International Climate Change Policy and Action | On Jan. 20, Joe Biden will be inaugurated as the 46th president of the United States. He will face an unprecedented set of challenges, including global climate change—one of four stated policy priorities of his administration (along with th... |
| 12.01.2021 | The Originalist Presidency in Practice? | PDF Version
A review of Saikrishna Bangalore Prakash's "The Living Presidency: An Originalist Argument Against Its Ever-Expanding Powers" (Harvard University Press 2020)
***
Saikrishna Prakash, the James Monroe Distinguished Profe... |
| 16.12.2020 | What is "Section 230," and why do many lawmakers want to repeal it? | Section 230 of the Communications Decency Act helped create the modern internet. Now the regulation is at the center of a high-stakes political battle that could reshape how we use social media, mobile apps and the open web. President Donal... |
| 10.12.2020 | The Failed Transparency Regime for Executive Agreements | Editor's Note: This post is cross-posted on Just Security.
In late October, the United States and Sudan reportedly signed a bilateral agreement “to resolve claims arising from the 1998 East Africa embassy bombings in Tanzania and Kenya.” Th... |
| 25.09.2020 | The State Of Mass Surveillance | Co-Founder and CEO of Startpage, the world’s most private search engine. |
| 18.09.2020 | Eisenhower and War Powers | This week’s opening of the Eisenhower Memorial in Washington, D.C., has prompted a lot of excellent commentary on the Eisenhower presidency. Last year I wrote a trio of Lawfare posts on Eisenhower and constitutional war powers (inspired and... |
| 02.09.2020 | Congress Has Broad Power to Structure the Military—and It Should Use It | Could Congress require that the secretary of defense, rather than the president alone, approve a nuclear weapons launch? Could it require that a particular Senate-confirmed officer command troops in a certain theater, even if the president ... |
| 08.07.2020 | Asylum Update: Ninth Circuit Upholds Injunction Against Third Country Rule | On July 6, the U.S. Court of Appeals for the Ninth Circuit upheld a preliminary injunction in East Bay Sanctuary Covenant v. Barr against the third country asylum rule announced in July 2019 by the Department of Homeland Security (DHS). The... |
| 06.07.2020 | The Imaginary Unitary Executive | On June 29, Chief Justice John Roberts relied heavily on something called the “Decision of 1789” to expand presidential removal powers. The Supreme Court ruled 5-4 in Seila Law v. Consumer Financial Protection Bureau that the structure of t... |
| 02.07.2020 | Thuraissigiam and the Future of the Suspension Clause | On June 25, the Supreme Court issued its much-anticipated holding in Department of Homeland Security v. Thuraissigiam, rejecting Suspension Clause and due process challenges to restrictions on the ability of asylum-seekers to obtain review ... |
| 22.04.2020 | Trump Can’t Play Politics With Aid to States | The national fight against the spread of the novel coronavirus demands a leader who can take charge of and defeat a grave threat, and who can put partisan politics aside to create a shared sense of national purpose. Instead, President Trump... |
| 19.03.2020 | Judge Enjoins Trump Administration's Easing of Restrictions on 3-D Gun Blueprints | Over the past two years, the Trump administration has attempted to change the export controls for small arms, including rifles, handguns, and assorted technology like rifle scopes and ammunition. Historically, small arms were placed on the ... |
| 10.03.2020 | Another Blow to the Presumption of Regularity | On March 5, as part of a Freedom of Information Act (FOIA) suit seeking disclosure of the unredacted copy of the Mueller report, a judge for the U.S. District Court for the District of Columbia ordered the government to provide him with an ... |
| 24.02.2020 | Do Geofence Warrants Violate the Fourth Amendment? | Last year, a New York Times feature detailed law enforcement’s use of a new investigative technique called a geofence warrant. Unlike traditional warrants that identify a particular suspect in advance of a search, geofence warrants essentia... |
| 19.02.2020 | New Evidence of Secret International Agreements | Recent years have seen renewed interest in the topic of secret international agreements. Some commentators have theorized about the practical merits of these agreements. Others have explored their history and status under international law.... |
| 18.02.2020 | Facebook’s White Paper on the Future of Online Content Regulation: Hard Questions for Lawmakers | I once wrote, after Australia passed some particularly terrible legislation, that maybe Facebook CEO Mark Zuckerberg should have been more specific when he publicly asked for more regulation of “harmful content.” It seems that Zuckerberg ha... |
| 27.01.2020 | Guidelines proposed for legalization of stun guns | Mahalo for supporting Honolulu Star-Advertiser. Enjoy this free story!
Hawaii’s law tightly restricting possession of electric “stun guns” is being challenged in court as an alleged infringement on people’s Second Amendment rights. Read mor... |
| 04.12.2019 | Revisiting Criminal Obstruction of Justice in the Impeachment Inquiry | On Dec. 3, the House Intelligence Committee released its impeachment inquiry report detailing President Trump’s conduct regarding Ukraine. One half of the report deals with the president’s obstruction of Congress throughout the inquiry. The... |
| 16.09.2019 | Why Facebook’s 'Values' Update Matters | Amid privacy scandals, sweeping disinformation operations and links to ethnic cleansing, a reasonable person could be forgiven for wondering lately: “What is the point of Facebook?” Now the world has Facebook’s answer to that question in th... |
| 04.09.2019 | Sen. Hawley’s Bid to ‘Disrupt’ Big Tech | In recent months, Republican Sen. Josh Hawley has introduced three bills that would take a startlingly aggressive approach toward the technology industry: prohibiting gambling-like “loot boxes” in video games, restricting certain design fea... |
| 22.08.2019 | Administrative National Security | In the past two decades, the United States has applied a growing number of foreign and security measures directly targeting individuals—natural or legal persons. Administrative agencies have taken the lead in designing and implementing thes... |
| 17.08.2019 | Ninth Circuit Stays Part of Injunction Against Third Country Asylum Rule | In a decision with benefits for both the government and the plaintiffs, the U.S. Court of Appeals for the Ninth Circuit issued a partial stay on Aug. 16 of the preliminary injunction granted in July by Judge Jon Tigar of the Northern Distri... |
| 15.07.2019 | Road to Adequacy, Part II: Can California Apply Under the U.S. Constitution? | Since it took effect in 2018, the General Data Protection Regulation (GDPR) has become one of the toughest data privacy regimes in the world. The regulation imposes strict obligations on how entities process, control and transfer personal d... |
| 27.06.2019 | Facebook Releases an Update on Its Oversight Board: Many Questions, Few Answers | It’s been roughly six months since Facebook started collecting global feedback on its proposal to create an oversight board for content moderation decisions. This morning, the platform released the findings of that process in an epic report... |
| 11.06.2019 | YouTube’s Bad Week and the Limitations of Laboratories of Online Governance | The techlash has well and truly arrived on YouTube’s doorstep. On June 3, the New York Times reported on research showing that YouTube’s recommendation algorithm serves up videos of young people to viewers who appear to show sexual interest... |
| 11.06.2019 | Can Congress Fine Federal Officials Under Its Contempt Power? | The current tug of war between the executive branch and Congress has revived interest in the exact scope of congressional investigative power. On May 6, the House Judiciary Committee voted to recommend that Attorney General William Barr be ... |
| 30.04.2019 | The Special Counsel’s Constitutional Analysis: Corrupt Intent and the Take Care Clause | Special Counsel Robert Mueller’s report found that the federal obstruction of justice statutes can apply to the president, even though the statutes do not state this expressly. Robert Mueller chose not to apply the avoidance canon known as ... |
| 19.03.2019 | David Beier Op-Ed: FDA Reform: It’s Time To Act, But Not As An Independent Agency | Link to full article on Health Affairs
In a rare exercise in bipartisan leadership, former Food and Drug Administration (FDA) commissioners of both political parties called, in the January 2019 issue of Health Affairs, for the FDA to bec... |
| 06.02.2019 | Can Congress Constitutionally Restrict the President’s Troop Withdrawals? | As others have discussed on Lawfare, Congress recently has begun to feel its oats when it comes to U.S. foreign policy. In the wake of general dissatisfaction with President Trump’s decision to pull troops out of Syria, the Senate rebuked h... |
| 28.01.2019 | Constitutional Issues Relating to the NATO Support Act | President Trump is making noises again about withdrawing the United States from the North Atlantic Treaty, which established NATO. Last week the House of Representatives voted 357-22 in support of the NATO Support Act. The bill does three t... |
| 24.01.2019 | Trust & Will closes first electronic will in the US (plus $2m investment) | No one likes to think about death (least of all startup founders), but wills, trusts and estate planning are crucial for ensuring that your material assets get passed to whatever people or organizations you care about. Yet, few processes ar... |
| 22.01.2019 | Can the President Cut Support for Congressional Foreign Travel During the Shutdown? | Last week featured significant developments in the law and policy of congressional foreign travel. On Thursday, Jan. 17, President Trump refused to allow Speaker of the House Nancy Pelosi to use U.S. military aircraft for a congressional de... |
| 09.01.2019 | Executive Agreements: International Lawmaking Without Accountability? | This post is cross-posted on Just Security.
In a post last month, we described the sharp decline in the presidential use of Article II treaties—reaching a new low in the Trump administration, which so far has submitted only one such treaty ... |
| 03.01.2019 | Trump’s Intervention in the Golsteyn Case: Judicial Independence, Military Justice or Both? | The final two months of 2018 have been a remarkably eventful period for observers of American civil-military relations—even for the Trump administration. In just the final two months of 2018, there was the pre-midterm election deployment of... |
| 21.12.2018 | Assessing the Impact of Jesner v. Arab Bank | It has been half a year since the Supreme Court decided Jesner v. Arab Bank, which held that the Alien Tort Statute (ATS) did not permit federal courts to recognize causes of action against foreign corporations. When the Jesner ruling was a... |
| 13.12.2018 | The Death of Article II Treaties? | This piece is cross-posted at Just Security.
President Trump has submitted only one treaty to the Senate so far in his presidency. That is a historic low, and it is the latest sign that the Article II treaty process may be dying.
First, a l... |
| 16.11.2018 | When Does BDSM Become Abuse? | In Instagram photos, Dylan Hafertepen, a master to five adult slaves, appears cartoonishly large, like a Tom of Finland sketch come to life. In one of his most iconic shots (since deleted from the gram) Dylan gives a military salute to the ... |
| 31.10.2018 | Withdrawal from the Universal Postal Union: A Guide for the Perplexed | On October 17, 2018, President Trump announced that the United States will withdraw from the Universal Postal Union (UPU), an intergovernmental organization that sets the rules and rates for international mail delivery. The decision to with... |
| 04.10.2018 | The Necessary Authority to Counter Drone Threats | On Aug. 4, as Venezuelan President Nicolas Maduro gave a speech in front of the ranks of the Venezuelan National Guard, two DJI Matrice M600 drones took to the sky. Each drone was armed with a little less than a kilogram of explosives, thei... |
| 13.09.2018 | A Whimper, Not a Bang | PDF Version.
A review of Steven Levitsky and Daniel Ziblatt, How Democracies Die (Crown, 2018).
***
I
What does the twilight of modern democracy look like? That’s the question two Harvard political scientists, Steven Levitsky and Daniel Zib... |
| 31.08.2018 | Copyright Law Could Stop 3-D Printed Guns. Should It? | Cody Wilson’s legal battle to post his plastic gun schematic is awful, pitting speech values against human lives, raising the specter of more mass shootings, and casting a dark shadow on what should be the bright new technology of 3-D print... |
| 21.08.2018 | Before You Talk About How Easy Content Moderation Is, You Should Listen To This | For quite some time now, we’ve been trying to demonstrate just how impossible it is to expect internet platforms to do a consistent or error-free job of moderating content. Especially at the scale they’re at, it’s an impossible request, not... |