Recent developments allowing federal criminal enforcers access to foreign evidence without gatekeeping by foreign states will, if not attended to, increase the likelihood of friction when U.S. prosecutions intrude on foreign sovereign interests or sensibilities.
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Winter 2019 Supplement for 'Bradley, Deeks, & Goldsmith, Foreign Relations Law: Cases and Materials'
Summer 2019 Supplement for Bradley, Deeks, & Goldsmith, Foreign Relations Law: Cases and Materials (6th ed. 2017) is now available on Lawfare.
I just posted a short piece to SSRN entitled, “Checks and Balances from Abroad.” The piece, written for a University of Chicago Law School symposium on national security, technology, and the separation of powers, engages claims about how “unfettered” the President really is in the national security arena.