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| Mar 30, 2026 | Engines of External Governance | Who are the pivotal actors and interests shaping corporate governance? Traditional accounts focus on shareholders, directors, and officers, and treat corporate governance as largely an intra-firm issue of power, incentives, and monitoring. ... |
| Oct 12, 2025 | Workers’ wages siphoned to pay medical bills, despite consumer protections | By Rae Ellen Bichell, KFF Health News
Stacey Knoll thought the court summons she received was a scam. She didn’t remember getting any medical bills from Montrose Regional Health, a nonprofit hospital, after a 2020 emergency room visit.
So s... |
| Apr 17, 2025 | The “De” In “Decentralization” Stands For “Democracy” | There’s a certain dark irony in watching tech billionaires who built their empires on the “democratizing power of technology” now actively working to dismantle democratic institutions. The same figures who once championed connection and ope... |
| Jun 3, 2024 | Взлёт и падение Napster — сервиса, который навсегда изменил музыкальную индустрию | Сейчас уже подросло поколение, у которого при упоминании Napster ничего не всколыхнется. Однако влияние этой компании на музыкальную индустрию было огромным. Этот революционный сервис изменил способ распространения музыки на рубеже XX и XXI... |
| Apr 1, 2024 | Big Tech's inside job | Redeem now
Received wisdom in the tech world is that big, legacy companies are bound by inertia. The more established they are, the more they get set in their ways — and the more vulnerable they are to disruption by a nimble startup. Silico... |
| Jan 25, 2024 | Can antitrust laws really protect consumers from Big Tech’s dominance? | Source: Adobe Stock article-article-body
Following a lengthy investigation, the United States Justice Department is set to file a lawsuit against Apple for potentially breaching antitrust laws.
The department alleges Apple is using hardware... |
| Dec 29, 2023 | New Year’s Message: Moving Fast And Breaking Things Is The Opposite Of Tech Optimism | Every year since 2008, my final post of the year for Techdirt is about optimism. This makes this year’s post (which will be the only post for today — go out and enjoy the holiday times, people) my 15th such post. As I said, this process beg... |
| Aug 17, 2023 | NC hospitals rake in millions from medical debt lawsuits | North Carolina hospitals have successfully sued thousands of patients and their families for $57 million in medical debt, according to a report released Wednesday by Duke University and the state treasurer's office.
Why it matters: Adults w... |
| Aug 12, 2023 | A hedge fund manager shares 2 ChatGPT prompts and the AI plugin he used to filter top stock picks | Hedge fund manager's study on the use of GPT and Julius AI for stock filtering prompts. NanoStockk/Getty Images This story is available exclusively to Business Insider subscribers. Become an Insider and start reading now.
Redeem now
Alpesh ... |
| Mar 13, 2023 | No, It Isn’t A ‘Bailout’ – And It’s Time To Afford Risk-Priced Insurance To All Bank Deposits in Full | Assembly line workers inside the Ford Motor Company factory at Dearborn, Michigan. (Photo by ... [+] Hulton Archive/Getty Images)Getty Images |
| Feb 22, 2023 | When Elections Threaten the Rule of Law: The Good Governance Paradox of Judicial Elections | State courts handle the preponderance of legal disputes in America. Federal courts have increasingly deferred to states to demarcate the scope of foundational rights, and decisions by these courts have substantial impact on how Americans or... |
| Oct 5, 2022 | Beyond Deportation | Border enforcement once again dominates contemporary immigration law debates. Yet many legal practices commonly linked to border control—including policing, relocation, and exclusion—actually have little to do with immigration enforcement. ... |
| Sep 23, 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... |
| Sep 8, 2022 | How social media can be used as a source of evidence in Kenya’s election petitions? | How social media can be used as a source of evidence in Kenya’s election petitions? Image: Adobe stock
The conduct of Kenya’s elections has repeatedly come under close scrutiny in the courts. Petitions were lodged challenging the outcome of... |
| Sep 5, 2022 | Kenya: Can Social Media Be Used As a Source of Evidence in Kenya's Election Petitions? | The conduct of Kenya's elections has repeatedly come under close scrutiny in the courts. Petitions were lodged challenging the outcome of presidential races in 2013 and 2017, as well as in the most recent poll. In addition to these, other e... |
| Jul 20, 2022 | Dissecting the Justice Department’s Prosecutorial Decisions on Navarro, Meadows, and Scavino | On June 3, the Department of Justice revealed an indictment charging former Trump adviser Peter Navarro with contempt of Congress for his refusal to comply with a subpoena issued by the House select committee on the Jan. 6 attack on the Cap... |
| Jul 14, 2022 | Improving international regulatory cooperation in an age of trade skepticism | In the run-up to the 2016 election, an interesting shift in the political narrative took place. International trade, which had not been much of an issue for decades and had largely been embraced by both parties, suddenly become a major topi... |
| May 17, 2022 | What Might a Congressional Counterpart to the Office of Legal Counsel Look Like? | In 1908, when Woodrow Wilson made the case for the vigorous exercise of presidential authority to lead the nation in “times of stress and change,” he sought to calm fears that doing so would upset the Constitution’s careful balancing of pow... |
| Feb 1, 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... |
| Jan 31, 2022 | An Important Development in the Law of Diplomatic Appointments | It is well known that the United States conducts foreign relations through not only ambassadors and Foreign Service officers but also a collection of “ad hoc diplomats”—special envoys and other irregular agents whose positions are often tem... |
| Jan 25, 2022 | artnet : Do I Have to Get the Owner's Permission to Make a Puppy Portrait? + Other Artists'-Rights Questions, Answered | Know Your Rights Do I Have to Get the Owner's Permission to Make a Puppy Portrait? + Other Artists'-Rights Questions, Answered
Plus, do I own the extra microscopy images I create as part of my publicly funded scientific research? And can I ... |
| Nov 3, 2021 | Chronicle Of Disgorgement’s Death Forestalled | Not long ago, SEC disgorgement—court orders that a defendant found to have violated securities laws relinquish the proceeds from the violation—looked to be going the way of the dodo. For decades, the SEC aggressively used disgorgement as a ... |
| Oct 18, 2021 | How the Jan. 6 Committee Can Make It Easy to Prosecute Bannon for Contempt | Stephen Bannon has defied the Jan. 6 Committee’s subpoena for documents and testimony. Yet his lawyer contends, in a letter to the committee, that “Mr. Bannon’s communications with President Trump on the matters at issue in the Subpoena are... |
| Sep 29, 2021 | Executive Privilege and the Jan. 6 Investigation | For several weeks now, a constitutional conflict has been simmering on Capitol Hill. Congress is seeking access to information regarding the Jan. 6 attack on the Capitol and the Trump White House’s efforts to subvert the results of the Nove... |
| May 19, 2021 | Why the McGahn Agreement Is a Devastating Loss for Congress | Over two years ago, the release of Special Counsel Robert Mueller’s report on Russian interference in the 2016 election focused the spotlight on President Trump’s longtime White House counsel, Don McGahn, whose testimony to the special coun... |
| Apr 30, 2021 | Pattern-or-Practice Investigations and Police Reform | On April 21, the morning after a Minneapolis jury convicted former officer Derek Chauvin for the murder of George Floyd, Attorney General Merrick Garland announced that the Justice Department had opened a civil investigation “to determine w... |
| Apr 21, 2021 | An Off-the-Shelf Guide to Extended Continental Shelves and the Arctic | On March 31, the Russian Federation partially revised its submission for an “extended” continental shelf in the Arctic, further overlapping Russia’s claims with Canada’s and Denmark’s. Despite political and academic experts calling for a ca... |
| Apr 7, 2021 | Addressing Chronic Homelessness Using Value Capture | Can we spend more on solving problems of homelessness AND save money?getty |
| Feb 8, 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... |
| Oct 2, 2020 | Forbes Billionaire's Portfolio: Update, October 2, 2020 | As we approach a very high stakes election, the polls have shown a clear advantage to Biden. And the Tuesday night debate, if anything, probably incrementally added to that, given the expectations bar was set so low for Biden's performance. |
| Sep 16, 2020 | Facebook, FARA and Foreign Media | “We’re suing Facebook, bitches!” tweeted In the NOW, an online social media company. Facebook, to In the NOW’s chagrin, had labeled the company state-controlled under a new policy, appending “Russian state-controlled media” to the byline of... |
| May 8, 2020 | Acknowledging the public role in private drug development: lessons from remdesivir | The quest for vaccines and therapeutic treatments against Covid-19 shouldn’t be complicated or delayed by charged debates over patent rights, the respective public and private roles in biopharmaceutical innovation, and whether the U.S. gove... |
| Apr 27, 2020 | How COVID-19 Will Change Finance: “Whatever It Takes” Vs “Full Faith And Credit” | The power of the FedAFP via Getty Images |
| Mar 5, 2020 | How Online Education Went from Teaching Reform to Economic Necessity for Colleges | When the Sloan Foundation had the bright idea to stimulate digital education at the nation’s colleges and universities a quarter of a century ago, it christened online learning as “asynchronous learning networks,” an eccentric name for what... |
| Nov 18, 2019 | What Lt. Col. Vindman’s Testimony Says About Civil-Military Relations and Military Justice | On Oct. 29, Army Lt. Col. Alexander Vindman was deposed by three standing congressional committees conducting the impeachment inquiry into the conduct of President Trump, triggered by a whistleblower’s concerned recounting of an Oval Office... |
| Oct 30, 2019 | How Facebook Can Use International Law in Content Moderation | Speaking at Georgetown University on Oct. 17, Mark Zuckerberg said what many did not want to hear: Facebook would not be doing more to restrict “bad” speech. In response to repeated calls that Facebook more actively police fake news and hat... |
| Sep 10, 2019 | Techdirt Podcast Episode 224: Trying To Be Optimistic About The Internet | The future of the internet is… uncertain. We’ve always been optimistic about what technology and innovation can achieve, and that hasn’t changed, but right now it often feels like we’re facing more new challenges and more reactions to them ... |
| Sep 10, 2019 | Techdirt Podcast Episode 224: Trying To Be Optimistic About The Internet | The future of the internet is... uncertain. We've always been optimistic about what technology and innovation can achieve, and that hasn't changed, but right now it often feels like we're facing more new challenges and more reactions to the... |
| Aug 22, 2019 | The Barlowian Internet: The Faults Of The Internet Are Also Its Opportunity, But It's Up To Us To Embrace Them | John Perry Barlow is all too frequently held up as the patron saint of a sort of “techno-utopian” internet, in which the internet will save us all and open up all sorts of wonderment and good feels — and all the bad stuff is whisked away on... |
| Aug 22, 2019 | The Barlowian Internet: The Faults Of The Internet Are Also Its Opportunity, But It's Up To Us To Embrace Them | John Perry Barlow is all too frequently held up as the patron saint of a sort of "techno-utopian" internet, in which the internet will save us all and open up all sorts of wonderment and good feels -- and all the bad stuff is whis... |
| Jul 15, 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... |
| May 27, 2019 | Call for independent watchdog to monitor NZ government use of artificial intelligence | Auckland, New Zealand.
By John Zerilli, University of Otago and Colin Gavaghan, University of Otago
New Zealand is a leader in government use of artificial intelligence (AI). It is part of a global network of countries that use predictive a... |
| Apr 25, 2019 | The Supreme Court Has No Role in Impeachment | On April 24, the president tweeted:
The Mueller Report, despite being written by Angry Democrats and Trump Haters, and with unlimited money behind it ($35,000,000), didn’t lay a glove on me. I DID NOTHING WRONG. If the partisan Dems ever tr... |
| Jan 28, 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... |
| Jan 11, 2019 | The D.C. Circuit’s Opinion in the Mystery Subpoena Case: Unresolved Personal Jurisdiction Issues | On Jan. 8, the U.S. Court of Appeals for the D.C. Circuit released its redacted opinion In re Grand Jury Subpoena, the mysterious case with apparent links to the Mueller investigation concerning an unnamed corporation (“the Corporation”) ow... |
| Jan 3, 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... |
| Oct 25, 2018 | U.S. Withdrawal From the INF Treaty: The Facts and the Law | President Trump announced on Oct. 20 that the United States would pull out of the Intermediate-Range Nuclear Forces (INF) Treaty, a 1987 bilateral agreement prohibiting the United States and Russia from possessing, producing or test-flying ... |
| Aug 13, 2018 | Federalism in the Middle East: A Collection of Essays | Editor’s note: Over the next week, Lawfare will be running a series of essays on federalist governance in the Middle East. This introductory essay is the first in the series. Links to subsequent essays will be added to this post as they are... |
| Apr 30, 2018 | Utopian Quibbling: War Powers in the Constitution vs. the U.N. Charter | Is the United Nations Charter law? Frequent violations of the charter and its uncertain impact on state practice, Jack Goldsmith points out in an April 16 post, lead many to wonder whether it really functions as law—but they wonder too much... |
| Apr 19, 2018 | Yes, There Are Plausible Legal Rationales for the Syria Strikes | My friends Jack Goldsmith and Oona Hathaway published two essays in which they expertly propound what I must concede is probably the opinion of many if not most scholars: that the recent strikes on Syria violated both domestic and internati... |
| Mar 16, 2018 | One Piece at a Time: The ‘Accumulation of Events’ Doctrine and the ‘Bloody Nose’ Debate on North Korea | Over the past few weeks, experts have engaged in a debate over the legality of pursuing a “bloody nose” strike on North Korea, an option reportedly being considered by the Trump administration (at least until recently). This debate has been... |
| Dec 17, 2017 | Minding the Gap: The Military, Politics and American Democracy | Editor’s Note: The relationship between soldiers and civilians is a fundamental question for any democracy. In the United States, the military has long been respected, but only recently has it been idolized—far more so than any other Americ... |
| Dec 3, 2017 | How to Respond When the International Criminal Court Goes after America | Editor’s Note: The International Criminal Court (ICC) is about to investigate U.S. actions in Afghanistan and controversial interrogation practices—a decision the United States has long quietly opposed. What to do about the investigation, h... |
| Oct 17, 2017 | The United Kingdom and Unmanned Aerial Vehicles: A Summary of Joint Doctrine Publication 0-30.2 | The six-year wait is finally over. On September 12, the U.K. Ministry of Defence (MoD) published its doctrine on best practices for Unmanned Aircraft Systems (UAS): Joint Doctrine Publication (JDP) 0-30.2, Unmanned Aircraft Systems. Meant f... |
| Oct 4, 2017 | Common Article 3 and Linkages Between Non-State Armed Groups | Editor's note: This piece is the second installment in a mutli-blog series building on the Fifth Annual Transatlantic Workshop on International Law and Armed Conflict, as explained in detail here.
The shape-shifting nature of today’s organi... |
| Aug 2, 2017 | Russia, North Korea, Iran: The Comprehensive Sanctions Bill Currently on Trump's Desk | After a long and winding road, both houses of Congress have finally passed a bill which—if signed into law—would essentially require President Trump to impose significant new sanctions, including against Russian interests. On July 28, Congr... |
| Jul 24, 2017 | A new wave of pharma mergers could put innovative drugs in the pipeline | A new wave of pharmaceutical industry mergers may be on the horizon, driven in part by the $1.3 trillion in overseas cash that U.S. corporations currently hold. If policymakers provide a tax holiday on repatriation of these funds, some expe... |
| Apr 24, 2017 | The Appointments Clause as a Hurdle to the President’s Trade Agenda | Recent reports suggest that the Trump Administration is renewing its push to reform U.S. trade relations. Last week at a speech in Wisconsin, the President criticized the North American Free Trade Agreement and promised “to make some very b... |
| Jan 24, 2017 | The Brexit Decision and Its Implications for U.S. Debates over Treaty Withdrawal | Affirming a lower court decision, the UK Supreme Court has held that, despite the referendum in June 2016 calling for withdrawal from the European Union, Britain cannot withdraw from the Union without parliamentary approval. In doing so, th... |
| Oct 7, 2016 | American Military Culture and Civil-Military Relations Today | PDF version
A review of Rosa Brooks' How Everything Became War and the Military Became Everything: Tales From the Pentagon (Simon and Schuster 2016).
***
If you’re like me, you may dread long plane trips, not out of anxiety about flying, bu... |
| Jul 28, 2016 | A Judicial Framework for Evaluating Network Investigative Techniques | At Motherboard, Joseph Cox reports that defense attorneys representing dozens of defendants nabbed in an FBI child pornography sting have pooled their resources in a “national working group.” A Network Investigative Technique (NIT) conducte... |
| Apr 22, 2016 | Part III: Ending the AUMF War | Conventional wisdom holds that our ongoing war against jihadi groups is utterly unlike a war against a traditional state adversary. In my previous post, I argued that this is at least partially untrue: Jihadi groups combine “top-down” eleme... |
| Mar 28, 2016 | The ETF and the Legality of U.S. Intervention in Syria under International Law | On Friday, the Pentagon announced that U.S. forces had killed senior ISIS commander Abd al-Rahman Mustafa al-Qaduli, known as “Haji Imam.” According to reports, U.S. Special Forces were attempting to capture Haji Imam in eastern Syria when ... |
| Mar 18, 2016 | Do the Strikes on al Shabaab Stretch the AUMF or The Unit Self-defense Doctrine? | Charlie Savage’s piece on the legal basis for the March 5 U.S. strike against an al Shabaab training camp, which allegedly killed 150 fighters, raises the intriguing question of whether the AUMF has been stretched yet again, this time to ju... |
| Dec 31, 2015 | LOAC and Artillery in Urban Areas: The Case of Gaza 2014 | War would be easier if an enemy agreed to stand still. Unfortunately, in actual armed conflicts dynamic adversaries constantly strive to gain the tactical upper hand. A recent briefing by a senior Israeli Defense Force (IDF) lawyer—part of ... |
| Nov 4, 2015 | Is Digital Injury “Real” Injury? Thoughts on Spokeo v. Robins | Last week, Ingrid Wuerth flagged Spokeo, Inc. v. Robins for Lawfare readers as one of the key national security law cases of the Supreme Court’s October 2015 Term. The Court held argument in Spokeo on Monday. The Justices’ comments confirm ... |
| Sep 18, 2015 | Zivotofsky II and the Vesting Clause Theory of Presidential Foreign Relations Power | I have a paper coming out in a few weeks on Zivotofsky II but want to raise an issue in the case here that I excluded from that paper. The issue is the Vesting Clause as a residual source of presidential power.
In his debate with Madison ov... |
| Jun 15, 2015 | Cyber Operations and the New Defense Department Law of War Manual: Initial Impressions | With headlines in the aftermath of the OPM hack asking if it was a “cyber 9/11” or an “act of war,” and Lawfare’s own Jack Goldsmith’s questioning the apparent “weak and hesitant” U.S. response to the hack, it may be helpful to take a look ... |
| Jun 9, 2015 | Zivotofsky’s Vindication (and the New York Times’ approval) of Signing Statements | It was a little dizzying this morning to read the NYT editorial board's full-throated endorsement of the Court’s decision in Zivotofsky. It wasn’t just that the editorial board endorsed Justice Kennedy’s potentially very broad reasoning in ... |
| Mar 25, 2015 | Who’s Afraid of the Iran Nuclear Agreement Review Act of 2015? | Last Friday The Hill reported that Senator Corker believes he “will have a veto-proof majority” to enact the “Iran Nuclear Agreement Review Act of 2015” (INARA). Below is my analysis of the Bill. Bottom line: The Bill is simply designed to ... |
| Feb 16, 2015 | Errors and Misconceptions About the Obama Draft AUMF | Much of the discussion in recent days about the Obama draft AUMF for ISIL contains mistakes and misconceptions, at least as I see matters.
The Draft AUMF Does Not Limit The President. The biggest canard has come from several Republicans who... |
| Dec 10, 2014 | The Obama Administration Wants a Super-Broad AUMF for the Islamic State (and Other Reactions to Yesterday’s AUMF Hearing) | Secretary of State Kerry testified yesterday before the Senate Foreign Relations committee on the need for a new AUMF for the Islamic State (which Kerry referred to by the new moniker “Daesh,” and I will for now call “IS”). It was a reveali... |
| Nov 24, 2014 | Analysis of Senator Paul’s Proposed Declaration of War (and Authorization of Force) Against the Islamic State | Senator Paul has proposed a declaration of war and authorization of force against the Islamic State. A few reflections, drawn in part from an article I wrote a decade ago with Curtis Bradley:
1. The United States has declared war in five ar... |
| Aug 27, 2014 | A Politically Palatable Authorization to Use Force Against IS [UPDATED] | One senses growing pressure, within and without the White House, for the President to seek authorization from Congress for what he and his aides say will be a long battle against the Islamic State (IS). Last week I outlined the political co... |
| May 16, 2014 | Chief Justice Roberts: De-Chevronizing U.S. Foreign Relations Law | Eric Posner and Cass Sunstein argue in an article from 2007 that U.S. foreign relations law should be “Chevronized,” meaning that courts should defer to the executive branch in interpreting ambiguous treaties and statutes when international... |
| Apr 8, 2014 | The TSA Vs. The Fourth Amendment: You're Free To Board A Plane, But You're Not Free To Leave The Screening Area | We’ve often discussed the TSA’s ridiculous pantomime deployed with the pretense that vague and ever-shifting rules — most written as a reaction to previous failed attacks — somehow make flying safer, even if these policies have failed to pr... |
| Dec 11, 2013 | Today's Headlines and Commentary | Ambassador James F. Dobbins testified before the Senate Foreign Relations Committee yesterday that the Obama administration still believes it possible to sign a security pact with Afghanistan that would allow a small number of American troo... |
| Jan 28, 2013 | Bond v. United States and the Treaty Power Debate | The Supreme Court recently agreed to hear an important case concerning the government’s foreign affairs powers, Bond v. United States. That case, which involves a criminal prosecution under the Chemical Weapons Convention Implementation Act... |
| Elizabeth Warren wants more student loan borrowers to know bankruptcy is easier now | Senator Elizabeth Warren, D-Mass., wants the U.S. Department of Justice to do more to educate student loan borrowers about the new, easier path to filing for bankruptcy.
In a new letter reviewed by CNBC, she wrote to Tara Twomey, director o... |
| Money Is Time A Note on Valuation and Sentencing in Criminal Trade Secrets Cases | Criminal trade secrets prosecutions tend to make national headlines, and for good reason. With fact patterns that often involve international intrigue, high technology, and millions of dollars in play, these cases can read like a James Bond... |
| Biden administration to make it easier for student loan borrowers to discharge debt in bankruptcy | The Biden administration announced on Thursday updated guidelines that will make it easier for those struggling with their student debt to discharge it in bankruptcy.
Around 250,000 student loan debtors file for bankruptcy each year, but fe... |
| Biden made it easier for student loan borrowers in bankruptcy. This woman, who thought it was a joke, got $158,182 cleared | Like hundreds of thousands of Americans each year, Mishima Hughson filed for bankruptcy last December.
Along the way, she also joined a much smaller group: Those who have managed to get their federal student debt canceled in court.
The U.S.... |