Scholarship

Latest in Scholarship

Homeland Security

Call for Papers: Homeland Security Project at the Belfer Center

Homeland security issues have emerged as among the most critical facing our country. Massive hurricanes devastated large swaths of the United States in 2017, the recovery from which is not over. Hostile governments and criminal groups have targeted American cyber and critical infrastructure, including U.S. elections. Ebola and Zika originated abroad but emerged at America’s shores. Central American asylum seekers have overwhelmed U.S. border authorities, while Washington has been paralyzed over disputes about how to respond.

Aegis Paper Series

The Important, Justifiable and Constrained Role Of Nationality In Foreign Intelligence Surveillance

This Lawfare post summarizes a longer essay we are publishing today with the Hoover Working Group on National Security, Technology and Law. Our essay addresses whether governments ever have a justified basis for treating targets of surveillance differently, in any way, based on nationality. This issue is of general importance and has become particularly important in the current legal debates about whether the U.S.

The Russia Connection

History Suggests Proving Collusion Between the Trump Campaign and Russia May be Impossible

When the Mueller investigation began in May 2017, many people hoped that it would shed light on what was perhaps the central question regarding Russia’s intervention in the 2016 U.S. election: whether the Trump campaign actively colluded with the Russian government’s interference operation.

Scholarship

Remembering St. Clair’s Defeat

Today is the anniversary of, by some measures, the U.S. military’s worst battlefield defeat ever. On Nov. 4, 1791, U.S. military forces, under the command of Northwest Territory Governor and U.S. General Arthur St. Clair, were routed by a confederacy of Native American tribes near the Wabash River in present-day Ohio. Although Indian Wars rarely feature much in discussions of constitutional war powers, they were among the most urgent threats facing the new republic. “St.

Encryption

The Fifth Amendment and Compelled Decryption

A recurring question in law-of-digital-evidence investigations is how the Fifth Amendment applies to acts of compelled decryption. In these cases, the government gets an order directing a person to enter a password to unlock a device. The subject of the order then pleads the Fifth. How should a court rule? I wanted to flag two of my recent writings on this issue.

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