Jack Goldsmith on the “Front-Page Rule”

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January 22, 2014

Highly recommended.

As I explained earlier, I think this is a very important question going forward. 

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The Illegality of Targeting Civilians by Way of Belligerent Reprisal: Implications for U.S. Nuclear Doctrine

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Facebook’s Oversight Board Didn’t Solve the Content Moderation Riddle. We Shouldn’t Be Surprised.

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Big Shoulders — How the US Can Remedy Its Failures on Refugee Admissions

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Recap of Recent Articles on Just Security (May 1-7)

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Facebook Oversight Board’s Decision on Trump Sets Up New Tests

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Senate Bill Threatens Sensitive U.S. Diplomacy

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Twenty Years After 9/11, the US Needs a Better Strategy to Prevent and Counter Violent Extremism

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Preparing for Future Pandemics Means Improving and Reforming — Not Abandoning — the WHO

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In a COVID World, America Is Divided Over Its Common Defense

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Stopping Torture: Why Professional Governance Failed, and How It Can Do Better

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Trump’s Secret Rules for Drone Strikes and Presidents’ Unchecked License to Kill

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Recap of Recent Articles on Just Security (April 24-30)

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Is Roger Stone Getting Off Easy for Tax Fraud?

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Hack-to-Patch by Law Enforcement Is a Dangerous Practice

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Biden’s First 100 Days on Immigration: A Test of Leadership

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A Letter to President Biden from a Former Intelligence Officer: Close Guantanamo Bay

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At 100 Days, Grading Biden’s Progress Toward a More Responsible US Arms Trade Policy

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Key Takeaways From Latest FISA Court Opinion on Section 702 and FBI Warrantless Queries

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Indian Supreme Court’s Stance on the Deportation of Rohingya Refugees Violates International Law

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Biden’s Decision to Pull Troops From Afghanistan Risks a Major Refugee Crisis

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Beyond the Coup in Myanmar: Echoes of the Past, Crises of the Moment, Visions of the Future

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A Jan. 6 Commission is Crucial to Understand the Reality of the Attack, and the Alternate Reality of the Attackers

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Recognizing the Armenian Genocide Marks a Historic Turning Point in American Foreign Policy

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Litigation Tracker: Pending Criminal and Civil Cases Against Donald Trump

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Recap of Recent Articles on Just Security (April 17-23)

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Biden Approach to Immigration, Outlined at UN Human Rights Council, Leaves Serious Gaps

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Litigation Tracker: Major Decisions Facing the Biden Administration

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A Drop in the Ocean: A Preliminary Assessment of the Koblenz Trial on Syrian Torture

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Belarus Jailing of Journalists for Reporting on Peaceful Protest Violates International Law

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An Opportunity for Congress to Require Transparency of the Executive’s International Agreements

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Biden Team’s Litigation Tactics on Guantanamo Undercut Biden Policy to Close the Prison

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Federal Agencies Face April Deadline on Secret JFK Files

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The Public Should Have Access to the Surveillance Court’s Opinions

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Why Must Central American Asylum Seekers Risk Their Lives to Reach the US? There is an Alternative.

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Recap of Recent Articles on Just Security (April 10-16)

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SolarWinds: Accountability, Attribution, and Advancing the Ball

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We’re From the Government, We’re Here to Help: The FBI and the Microsoft Exchange Hack

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Limited Sanctions Will Not Deter Putin, But They Are a Fine Start

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US Treasury Provides Missing Link: Manafort’s Partner Gave Campaign Polling Data to Kremlin in 2016

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Fighting the ‘International Thief Thief’ with Global Magnitsky Sanctions

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Reauthorizing and Strengthening the Global Magnitsky Act

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Congress Must Reform Sanctions Law to Avoid ICC Penalties from Happening Again

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China’s Dystopian “New IP” Plan Shows Need for Renewed US Commitment to Internet Governance

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Should the COVID-19 Vaccine Be Required for the Military?

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Team of Legal Gladiators? Iraqi Militias’ Tortured Relationship with Law

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Recap of Recent Articles on Just Security (April 5-9)

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Deciphering Iran’s Position on Restoring the Nuclear Deal

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The U.S. Water and Wastewater Crisis – How Many Wake-up Calls Are Enough?

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Gender Equality is Fundamental to Promoting Democracy

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Investigating a Crisis: A Comparison of Six U.S. Congressional Investigatory Commissions

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To Fix the Immigration System, We Need To Start With Immigration Courts

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Lack of Officials’ Cultural Competency Will Hamper Hate Crimes Laws

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Recap of Recent Articles on Just Security (March 27-April 2)

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BREAKING: Biden Revokes Executive Order Sanctioning Int’l Criminal Court Principals

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Combating Anti-Asian Violence through UN Human Rights Mechanisms

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Renouncing Reprisals: An Opportunity for the Biden Administration

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On Functional Immunity of Foreign Officials and Crimes under International Law

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In Absence of Foreign Agents Registration Reform, DOJ Tweaks Could Make a Big Difference

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An Alternative to Impeachment: New Bill Helps Enforce Accountability for Capitol Riots

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Race to the Top Brass

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Recap of Recent Articles on Just Security (March 20-26)

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Terrorism and Other Dangerous Online Content: Exporting the First Amendment?

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Adding AI to Autonomous Weapons Increases Risks to Civilians in Armed Conflict

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A Dozen Experts with Questions Congress Should Ask the Tech CEOs — On Disinformation and Extremism

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The Digital Technology Agenda at the Summit for Democracy

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Corruption Is a National Security Threat. The CROOK Act Is a Smart Way to Fight It.

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Is There a New Era for Human Rights on the Horizon?

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Safeguarding Democracy Among Eastern Europe’s Three Seas

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Legally Sliding into War

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The Global Fragility Act Could Give US Assistance and Diplomacy a New Start for Countries in Conflict

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Why Reconciling Domestic and Global Human Rights Policy Is a US National Security Imperative

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Germany’s Positions on International Law in Cyberspace Part II

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Iraq’s Legal Responsibility for Militia Attacks on U.S. Forces: Paths Forward

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“Red Lines” in Beirut Blast Investigation: How Exactly Lebanese Politicians Escape Accountability

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Taking Gender Into Account to Better Confront New Security Threats

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Knowns and Unknowns of US Syria Strike: Looming Int’l and Domestic Law Issues

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China’s Military Tech Ambitions – What’s the U.S.- EU Gameplan?

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Biden’s Drone Policy Review: Recommendations for a Reset

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Principles for a 2021 Authorization for Use of Military Force

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Just Security Obtains Overseas Troop Counts That the Pentagon Concealed from the Public

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Upcoming Cases Provide Opportunities to Reassess the Application of the Due Process Clause at Guantanamo

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The “Khashoggi Ban” and What It Does and Doesn’t Mean

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Protecting the Information Space in Times of Armed Conflict

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What We Can Learn from Global Policy About Preventing Domestic Extremism

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Legal Questions (and Some Answers) Concerning the U.S. Military Strike in Syria

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Telegram: A Growing Social Media Refuge, for Good and Ill

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Is Climate Change a National Emergency?

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UN Security Council Won’t Respond to Myanmar’s Coup, But the General Assembly Can

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Trump’s War Powers Legacy and Questions for Biden

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Families in the Crosshairs of National Security

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Oversight Board’s First Rulings Show Facebook’s Rules Are a Mess

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Their Fourteenth Amendment, Section 3 and Ours

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In Their Own Words: The 43 Republicans’ Explanations of Their Votes Not to Convict Trump in Impeachment Trial

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Biden Paused Trump’s WeChat and TikTok Bans: Now What?

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Avoiding Collateral Damage on the Battlefield

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#StopTheSteal: Timeline of Social Media and Extremist Activities Leading to 1/6 Insurrection

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Uganda’s Museveni Secured His Sixth Term in Office: What the International Community Can Do Now

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A Key Step in Preventing a Future SolarWinds

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Movie at the Ellipse: A Study in Fascist Propaganda

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Congress Now Has More Power to Shed Light on Trump’s Abuses of Power

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How to Fix the U.S. Litigation Position in Key Pending Cases

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De-platforming Is a Fix, But Only a Short-Term One

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Transforming the US Human Rights Report to Reflect Gender Rights — and Security

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Gaps in Trump’s Pardons: How the Biden Administration Can Still Pursue Justice

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De-platforming Following Capitol Insurrection Highlights Global Inequities Behind Content Moderation

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December Brought Harbingers of the Regulation Social Media Companies Could Soon Face

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Incitement Timeline: Year of Trump’s Actions Leading to the Attack on the Capitol

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How New Congress Can Shine Light on Trump Era and Persisting Abuses

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The Promises of FOIA in 2021: A Ready Pathway to Accountability

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Please Support Just Security With a Tax-Deductible Donation

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Top Expert Backgrounder: Russia’s SolarWinds Operation and International Law

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Pandemic Consequences: The Acceleration of Confrontational Politics

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Beyond the ICC: Repositioning the Core of International Accountability

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We Can’t “Look Forward” on the Trump Administration’s Abuses

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The UDHR, Digital Authoritarianism, and Human Rights after Trump

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New Zealand Pushes the Dialogue on International Cyber Law Forward

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Global Kleptocracy as an American Problem

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Data and Democracy: Three Things the Biden-Harris Administration Should Do to Tackle Big Tech

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How I Came to Support the Treaty Prohibiting Nuclear Weapons

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Revisiting the Office of Legal Counsel’s Override Opinion

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A Landmark Report on Starvation as a Method of Warfare

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Turning the Page: A Biden Presidency and the Role for Us

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Good Governance Paper No. 19: The Criminal Legal System — Toward a Paradigm Shift

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Good Governance Paper No. 18: Reforming Emergency Powers

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Good Governance Paper No. 14: War Powers Reform

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The Necessity of Enforcing Humanitarian Law and Human Rights in the Context of Counterterrorism

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Good Governance Paper No. 8: How to Strengthen Oversight by Congress

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A Transatlantic Plan for Racial Equity and Justice

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A Blueprint for the Future: The CIA in 2021 and Beyond

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App Stores as Back-Doors for Government Regulation of End-to-End Encryption

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The Good Governance Papers: An Introduction

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Prosecuting the ISIS “Beatles:” A testament to dedicated US government professionalism

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Ten Quick Takeaways from the New York Times’ Bombshell Article on Trump’s Tax Returns

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An Enduring Impasse on Autonomous Weapons

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On 9/11, Interrogating the Assumptions that Undergird the “Forever War”

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9/11’s Long Shadow: What’s at Stake in Afghanistan

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QAnon is a Nazi Cult, Rebranded

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Supreme Court’s Trump v. Mazars Ruling Gave Attorney-Client Privilege a Boost in Congress

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Immigration Maximalism at the Supreme Court

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The Second Oxford Statement on International Law Protections of the Healthcare Sector During Covid-19: Safeguarding Vaccine Research

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Canada’s Scattered and Uncoordinated Cyber Foreign Policy: A Call for Clarity

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Beyond Color-Blind National Security Law

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A Threat or A Warning: Russia’s Weapons Testing in Space

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Interview with Christof Heyns: Major New UN Comment on Right of Peaceful Assembly

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What Comes Next: The Aftermath of European Court’s Blow to Transatlantic Data Transfers

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The Surprising Convergence Between Neo-Nazis and Jihadis

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Black Security and the Conundrum of Policing

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Racing National Security: Introduction to the Just Security Symposium

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Mexico’s Priorities as an Elected Member to the Security Council for 2021-2022

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A Rejoinder to China’s Response to UN Human Rights Experts

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How Inter-State Procedures in Human Rights Treaties Can Support the Black Lives Matter Movement

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The United States’ Racial Justice Problem Is Also an International Human Rights Law Problem

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Jurisdiction at Guantanamo: The Case of Long-Term Complicity

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Oxford Statement on the International Law Protections Against Cyber Operations Targeting the Health Care Sector

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Turkey Opened the Door to the European Court of Human Rights for Syrian Victims

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The Significance of the Supreme Court’s Opati Decision for States and Companies Sued for Terrorism in U.S. Courts

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The Importance of New Statements on Sovereignty in Cyberspace by Austria, the Czech Republic and United States

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The Perils of Hyping Pandemic Response as a National Security Issue

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Top Experts Analyze Inspector General Report Finding Problems in FBI Surveillance

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What Counts As Sufficient Transparency on Civilian Casualties in Somalia

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WhatsApp v. NSO Group: State Immunity and Cyber Spying

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Deepfakes 2.0: The New Era of “Truth Decay”

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Lawsuit Against Fox News Over Coronavirus Coverage: Can It Succeed? Should It?

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Don’t Bother Suing China for Coronavirus

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COVID-19 Shows How the U.S. Got National Security Wrong

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A Chance to Fix FISA

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The Defense Department’s Measured Take on International Law in Cyberspace

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Punching on the Edges of the Grey Zone: Iranian Cyber Threats and State Cyber Responses

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Confronting Russia’s Role in Transnational White Supremacist Extremism

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Top Experts’ Backgrounder: Military Action Against Iran and US Domestic Law

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Can Turkey be Expelled from NATO? It’s Legally Possible, Whether or Not Politically Prudent

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Guidelines on Investigating Violations of International Humanitarian Law

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Army and Marine Corps Publish New Manual: The Commander’s Handbook on the Law of Land Warfare

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Transparency on Civilian Harm in Somalia Matters – Not Just to Americans

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Human Rights, Deprivation of Life and National Security: Q&A with Christof Heyns and Yuval Shany on General Comment 36

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Need for Change to Protect Children in Armed Conflict

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About the Author(s)

Marty Lederman

Professor at the Georgetown University Law Center. He was Deputy Assistant Attorney General at the Office of Legal Counsel from 2009-2010, and Attorney Advisor at the Office of Legal Counsel from 1994-2002. Member of the editorial board of Just Security. You can follow him on Twitter (@marty_lederman).

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