This morning, I posted a link to a new article I have written with Stephanie Leutert about our efforts to edit the Wikipedia page on “lawfare.” The article describes how a volunteer Wikipedia editor named “ElijahBosley” removed all of our … Read more »
A few months ago, I was asked to give a talk at the Pentagon on the concept of lawfare. I opened it with a story about how some months earlier I had tried had tried to edit the Wikipedia page … Read more »
Back in October, we linked to a very interesting “green paper” produced by the UK Ministry of Justice addressing issues associated with secrecy, intelligence, security, and justice. Clive Walker (Leeds) has now produced an equally interesting critique, which … Read more »
Shane Bilsborough, a student at Pepperdine University, has this very interesting essay over at the Small Wars Journal on “Counterlawfare in Counterinsurgency.” In opens:
In recent years, something akin to a cottage industry has grown around the definition, analysis, and
In the Fall of 2002, a month or so after I started work in the Defense Department General Counsel’s office, I had a chat with Rear Admiral Michael Lohr, who at the time was the Judge Advocate General of the … Read more »
Back in June, I posted the appeal of Jose Padilla and his mother in a civil case against a group of current and former Defense Department officials. The case, which made a variety of constitutional claims in connection with Padilla’s … Read more »
Mary Dudziak (USC, visiting this coming fall at Duke) has a very thoughtful post up this morning Balkinization, addressing the meaning of “lawfare.” Readers who are not familiar with her work should become so, and in particular should keep an … Read more »
The thesis of The Executive Unbound: After the Madisonian Republic is directly relevant to one of the underlying themes that animates the title of this blog. One meaning of the term “lawfare” refers to the ways in which the national … Read more »
For the benefit of reporters writing on the appointment of Brig. Gen. Mark Martins as chief prosecutor of the military commissions–and all others interested in the subject–here are links to the extraordinary series of posts Martins wrote on this blog … Read more »
[This is the second of two posts from Tom Nachbar of the University of Virginia on the topic of lawfare. In addition to his role as a law professor at UVA, Tom has the distinction of serving as an Army … Read more »
[I am very pleased to introduce the first of two posts from Tom Nachbar of the University of Virginia. In addition to his role as a law professor at UVA, Tom has the distinction of serving as an Army JAG … Read more »
We are very pleased to present this guest post by Professor Tom Nachbar, who teaches antitrust, communications law, and constitutional law at the University of Virginia. Tom is also an Army Reserve judge advocate, and has worked on both … Read more »
Parwan, Friday, November 19, 2010 — The week’s posts up until now—written on a Blackberry while we moved or found small spaces of time between engagements—position me finally to move from the definitional and philosophical matters I pondered yesterday in … Read more »
Khost, Thursday, November 18, 2010 — Having outlined, in theory as well as in practice, the military’s and ROLFF’s proper counterinsurgency (COIN) role in Afghanistan, it is time to blog more pointedly—to “drill down,” as the great 101st… Read more »
Kandahar, Tuesday, November 16, 2010 – Whether contemporary U.S. counterinsurgency operations (COIN) and legal institution-building are “an attractive form of lawfare,” as Jack proposed in his 8 September post, is a question of both theory and practice. A good … Read more »
Kabul, Monday, November 15, 2010 – Jack Goldsmith invited me more than two months ago to write in this space about our military’s involvement in efforts to build the rule of law in Afghanistan. In his initial post, Jack wondered … Read more »
Mike Newton (Vanderbilt) has just posted an interesting new essay, “Illustrating Illegitimate Lawfare,” which emphasizes an important distinction: between activities that might be described as “lawfare” yet are wholly legitimate, and activities that might also fit that title … Read more »
In reading Mary Ellen O’Connell’s writings on targeted killing in preparation for our debate this weekend, I was struck by how granular her arguments generally are. She writes in great detail about the constituent legal questions that make up the … Read more »
That is the title of General Charles Dunlap’s latest reflections on lawfare. The abstract:
Few concepts in international law are more controversial than lawfare. This essay contends that lawfare is best appreciated in the context of its original meaning
A friend bristled at the title of this blog, Lawfare, because he thinks that the first sense in which Ben uses the term in his initial post – the use of law as a weapon of war – has … Read more »
Welcome to Lawfare, a new blog by Robert Chesney, Jack Goldsmith, and myself. For those readers familiar with our prior writings, our subject will come as no surprise: We mean to devote this blog to that nebulous zone in which … Read more »
Tuesday, May 21, 2013
William P. Barr (former Attorney General), Jamie S. Gorelick (former Deputy AG), and Kenneth L. Wainstein (former Assistant AG for National Security) have this Times op-ed on the AP subpoena controversy. They write:
While neither we nor the critics know the circumstances behind the prosecutors’ decision to issue this subpoena, we do know from the government’s public disclosures that the prosecutors were right to investigate this leak
