Lawfare keeps its readers updated on the latest scholarship across a wide range of relevant areas and disciplines. Law review articles, working papers, casebook supplements, and other noteworthy new works are all linked to here.
Latest in Scholarship
Contrary to the “Decision of 1789” myth, history shows that the first Congress rejected the exclusive unitary model of the presidency—and thus the presidential removal power should be subject to more congressional control than recent Supreme Court decisions have held.
The Summer 2020 Supplement for Bradley, Deeks, & Goldsmith, Foreign Relations Law: Cases and Materials (7th ed. 2020) is now available on Lawfare.
How does the rhetoric of past presidents who have deployed federal troops to enforce domestic law compare to President Trump’s?
Much of the information about the loss of the USS Thresher and the Navy’s subsequent investigation has remained outside of public view. That may change this year.
Warlords are often necessary tools of statecraft, but support for them often comes at the expense of building a functioning central government.
The Millard Fillmore administration’s diplomatic machinations toward Hawaii are a curious example of the executive branch regarding itself as constitutionally empowered to threaten war but constrained from unilaterally carrying out that threat.
Summer 2019 Supplement for Bradley, Deeks, & Goldsmith, Foreign Relations Law: Cases and Materials (6th ed. 2017) is now available on Lawfare.
A new set of essays explores the state and possible trajectory of modern war powers.
The Atlantic Council’s famous “Cyber 9/12 Strategy Challenge” competition is coming to Austin in January, in partnership with the Strauss Center at the University of Texas. Form your team and apply now!
Then-Rep. Gerald Ford once defined an impeachable offense as “whatever a majority of the House of Representatives considers it to be at a given moment in history.” But legal scholars have concluded that impeachment is considerably more law-governed, and constrained, than Ford suggested. They draw on clues from the Founders, the text and structure of the Constitution, and the history of presidential impeachments (and near-impeachments) to make varying arguments about the impeachment power and the range of impeachable offenses.