The Week That Was

The Week That Was: All of Lawfare in One Post

By Katherine Pompilio
Sunday, March 20, 2022, 4:36 PM

Scott Shapiro and Oona Hathaway argued that supplying arms to Ukraine is not an act of war.

Bryce Klehm posted an order released by the International Court of Justice on allegations of genocide in Ukraine. 

Francine Hirsch explained how Vladimir Putin’s revised foreign agent law could lead to mass repression in Russia. 

Michael Wyss discussed whether Europe is ready for a proxy war with Russia. 

Michael C. Petta discussed whether the recent sanctions-based seizure of a Russian cargo ship beyond French waters is consistent with the high seas freedoms and exclusive flag state jurisdiction reflected in the Law of the Sea. 

Jen Patja Howell shared an episode of the Lawfare Podcast in which David Priess sat down with Alexander Stubb to discuss Stubb’s experience negotiating a 2008 ceasefire between Russia and Georgia, his impressions of Vladimir Putin and Sergey Lavrov, and what it all means for European unity and for Finland's place in NATO:

Howell also shared an episode of the Lawfare Podcast in which Scott R. Anderson sat down with Célia Belin and Contanze Stelzenmüller to discuss how the Ukraine conflict is reshaping Europe's approach to security affairs, what this means for institutions like the European Union and NATO, and how these changes are likely to impact the fundamental debate over what it means to be a part of Europe:

Raquel Leslie and Brian Liu explained how Chinese tech companies are deepening their roots in Russia in spite of U.S. sanctions. 

Jordan Schneider shared an episode of ChinaTalk in which he and Noah Barkin discuss if Germany’s policy changes towards Russia have a knock-on effect on its attitude toward China:

Howell shared an episode of Rational Security in which Alan Rozenshtein, Quinta Jurecic and Anderson sat down with Natalie Orpett to discuss Russia turning to China for economic relief from sanctions and the Supreme Court’s decision on the state secrets doctrine:

Stewart Baker shared an episode of the Cyberlaw Podcast in which he was joined by Paul Rosenzweig, David Kris and Jane Bambauer to discuss topics ranging from Biden’s executive order on cryptocurrency to Russia’s invasion of Ukraine:

Priess also shared an episode of the Chatter podcast in which he sat down with Marisol Maddox to discuss how climate change is driving heightened geopolitical interest in the Arctic, the Arctic Council and other international institutions focusing on the region, and more:

Mark Nevitt explored insights into climate security learned from the U.S. and international coronavirus response. 

Howell shared an episode of the Lawfare Podcast in which Benjamin Wittes sat down with Roger Parloff to discuss recent developments in the prosecutions of Jan. 6 Capitol riot defendants:

Howell also shared an episode of the Lawfare Podcast in which Jacob Schulz sat down with Sam Jackson to discuss the Oath Keepers and their ideology:

Darren E. Tromblay explored how the U.S. intelligence community can neatly exploit domestic foreign intelligence. 

Etta Lanum discussed the implications of the Supreme Court’s 2021 decision to not overturn the current requirements for selective service.

Orin Kerr analyzed an Eastern District of Virginia judge’s ruling in U.S. v. Chatrie on how the Fourth Amendment applies to geofencing warrants.

Jason Healy explained why civil-military relations in the United States must adapt to new demands or cyberspace may be irretrievably diminished.

Jurecic explained how FOSTA is a cautionary tale about what can go wrong with reforms of Section 230. 

Howell shared an episode of the Lawfare Podcast in which Evelyn Douek and Jurecic spoke with Nick Waters about how open-source investigations work and why it's important. They talked about the crucial role played by open-source investigators in documenting the conflict in Syria and how the field has developed since its origins in the Arab Spring and the start of the Syrian Civil War:

And Jane Bambauer argued that courts should craft a narrow form of tort liability that would apply to leaders of online radicalized networks when their persistent communications cause a member of the group to commit an act of violence.

And that was the week that was.