Skip to content

Tag Archives: Hoover Institution

Speaking the Law: Chapter 3

By and
Thursday, October 24, 2013 at 7:58 AM

The Hoover Institution has released Chapter 3 of our serialized book: Speaking the Law: The Obama Administration’s Addresses on National Security Law. The Introduction and Chapter 1 came out in March. Chapter 2 came out in May. Chapter 3 offers a detailed account of President Obama’s May 23 speech at the National Defense University. It attempts to describe . . .
Read more »

Engaging NSA: Exploring the Disparity Between Public Perception and Self Perception

By and
Thursday, September 26, 2013 at 12:49 PM

Over the past week, we have both spent a fair bit of time at NSA and engaging with the agency. On Monday, Bobby helped arrange for a small group of scholars to spend the day at the agency, meeting with senior officials and talking about the current controversies. The group was convened by the Robert S. . . .
Read more »

A Quick Guide to the Lawfare Debate Over a New AUMF

By
Wednesday, May 8, 2013 at 2:33 AM

As Andrew Rosenthal noted in yesterday’s New York Times, things seem to be heating up in Congress with respect to whether–and to what extent–the September 2001 Authorization for Use of Military Force (AUMF) needs to be updated, repealed, and/or replaced. To that end, the Senate Armed Services Committee has now scheduled a hearing on the same . . .
Read more »

A Policy Paper on Autonomous Weapon Systems

By
Tuesday, April 9, 2013 at 3:36 PM

Ken Anderson and I have just published a new policy paper through the Hoover Institution: Law and Ethics for Autonomous Weapon Systems: Why a Ban Won’t Work and How the Laws of War Can. Our paper begins: Public debate is heating up over the future development of autonomous weapon systems. Some concerned critics portray that . . .
Read more »

Building a Cyber Liability System

By
Wednesday, April 3, 2013 at 12:02 PM

Those who follow the blog will know that I am skeptical of the government’s ability to construct a regulatory system for enhancing cybersecurity standards.  I am often asked, however: “well, then what do you support?”   I am pleased to finally have a place to point people to with my answer. In this paper that I . . .
Read more »

Speaking the Law: The Obama Administration’s Addresses on National Security Law

By and
Thursday, March 28, 2013 at 7:08 AM

We are excited to announce the launch of a project at which we have been hard at work for some time. It’s a book—being published chapter by chapter—by the Hoover Institution Task Force on National Security and Law, explicating and evaluating the Obama Administration’s speeches on national security legal issues. Entitled Speaking the Law The . . .
Read more »

AUMF Reform: A Response to Brooks and Others

By
Friday, March 15, 2013 at 5:21 PM

In a recent Foreignpolicy.com essay, Rosa Brooks warns against some recent stirrings for a new or expanded Authorization for the Use of Military Force to deal with post-al Qaida threats.  Brooks cites in that category the recent Hoover Institution Task Force on National Security and Law policy paper, A Statutory Framework for Next Generation Terrorist . . .
Read more »

Washington Post on Extra-AUMF Threats and Legal Options

By
Thursday, March 7, 2013 at 8:43 AM

Greg Miller and Karen DeYoung have this important story in the Washington Post: “Administration Debates Stretching 9/11 Law To Go After New al-Qaeda Offshoots.”  It cites unnamed Administration officials as concerned that “[a] new generation of al-Qaeda offshoots is forcing the Obama administration to examine whether the legal basis for its targeted killing program can . . .
Read more »

A Statutory Framework for Next-Generation Threats

By , , and
Monday, February 25, 2013 at 5:30 PM

Several years ago, in a prescient op-ed in the Washington Post, our colleague John Bellinger argued that the September 2001 AUMF was an increasingly poor fit for the evolving threats facing the United States.  It is a theme to which many of us have returned in the intervening years, as unfolding trends and events have exacerbated . . .
Read more »

Observations About Targeting and Congressional Intelligence Oversight

By
Sunday, February 17, 2013 at 5:06 PM

The recent controversy about the Justice Department White Paper and the closely related Senate confirmation hearings for CIA director-nominee John Brennan have raised the profile of congressional intelligence oversight.  A brief summary of some of these issues is this Politico article, and for those interested in a great general analysis of intelligence oversight and its . . .
Read more »

The US Government Position on Imminence and Active Self-Defense

By
Thursday, February 7, 2013 at 12:26 PM

(Updated and extended.)  The White Paper’s reference to imminence has occasioned some heated rhetoric about the Obama administration stretching the notion beyond all possible ordinary meaning or bounds, etc.  But it’s worth bearing in mind that there’s nothing new in this from the standpoint of the US government.  The US government has held this view . . .
Read more »

Hoover Task Force Short Essays #5, #6, and #7

By
Thursday, January 31, 2013 at 7:37 AM

I’ve fallen behind in linking to the short essays being published by the Hoover Institution Task Force on National Security and Law. The latest come from Tod Lindberg, Amy Zegart, and Philip Bobbitt. Lindberg’s essay, entitled “Libya, Syria, and the Responsibility to Protect” opens as follows: At the 2005 United Nations World Summit, member states . . .
Read more »

Hoover Task Force Short Essay #4: “Executive-Congressional Relations and National Security”

By
Monday, January 28, 2013 at 9:01 AM

The fourth installment in the Hoover Institution’s series of short essays on national security challenges for the Obama administration’s second term is now out. It is by yet another Lawfare member—Matt—and is entitled, “Executive-Congressional Relations and National Security.” It opens: The last four years should have been a good period for executive-congressional relations in the . . .
Read more »

Denial of Territory to Terrorist/Insurgent Groups in Counterterrorism Strategy

By
Sunday, January 27, 2013 at 4:57 PM

Jack and Ben have already flagged their entries in a Hoover Institution Task Force on National Security and Law series on national security challenges for the second Obama term (Hoover is adding one essay per day, all very short opinion piece of 1200 words of so).  My contribution points out that US “counterterrorism-on-offense,” as I’ve sometimes . . .
Read more »

Hoover Task Force Short Essay #2: “Governing a World of Many-to-Many Threats and Defenses”

By
Thursday, January 24, 2013 at 10:46 PM

The second installment in the Hoover Institution’s series of short essays on national security challenges for the Obama administration’s second term is now out. It is by . . . me. Entitled, “Governing a World of Many-to-Many Threats and Defenses,” it is a very brief treatment of a subject about which Gabriella Blum and I . . .
Read more »

Second-Term Obama Administration Policy on Extra-AUMF Threats

By
Thursday, January 24, 2013 at 8:06 AM

As Ben noted, I have a short essay on extra-AUMF threats as part of a Hoover Institution Task Force on National Security and Law series.  Drawing on Bobby’s important paper on the topic, I briefly explain why terrorist threats not covered by the AUMF are growing.  I then outline the possible (domestic) legal bases to meet . . .
Read more »

Hoover Task Force Short Essays on “Second Term Challenges at the Intersection of National Security and Law”

By
Wednesday, January 23, 2013 at 10:47 PM

The Hoover Institution Task Force on National Security and Law is releasing a series of short essays entitled “Second Term Challenges at the Intersection of National Security and Law.” The task force, of which I and several other Lawfare contributors are members, is headed by Hoover’s Peter Berkowitz, who describes the project as follows: As Barack Obama . . .
Read more »

Readings: Bryant Walker Smith, “Automated Vehicles are Probably Legal in the United States”

By
Tuesday, January 1, 2013 at 2:33 PM

Bryant Walker Smith (a fellow at Stanford’s Center for Internet and Society) has authored a new CIS White Paper on whether self-driving cars are, or can be, legal in the United States.  His answer is … Automated Vehicles are Probably Legal in the United States. This is less obvious and more legally complicated than you . . .
Read more »

Amy Zegart’s New Column

By
Thursday, September 6, 2012 at 9:18 AM

Amy Zegart of the Hoover Institution, author of several terrific books on intelligence, now has a regular column on intelligence matters at Foreign Policy that should be of great interest to Lawfare readers.  Her first piece uses the kerfuffle over the publication of No Easy Day, the book by Navy Seal Mark Owen (a pseudonym) . . .
Read more »

Gabriella Blum on Spiders and “Invisible Threats”

By
Monday, July 2, 2012 at 6:45 AM

Gabriella Blum has a new essay out entitled, “Invisible Threats.” Part of the Emerging Threats series of the Hoover Institution’s Koret-Taube Task Force on National Security and Law (of which Jack, Ken, Matt, and I am are all member), the paper is actually part of a larger project Gabby and I are working on involving technology proliferation, . . .
Read more »