Oversight
89 Articles
Congress Must Heed Koh’s Call to Surface Secret Law
Ensuring that any secret law-making in the executive branch gets disinfecting sunlight is uniquely important because of its potential to give legal cover for overbroad, unaccountable,…
Presidential Immunity Decision May Have Implications for Congressional-Executive Divide on Criminal Contempt
With Trump v. United States, a majority of the Supreme Court appears ready to resolve a longstanding dispute over prosecutorial discretion in contempt of Congress cases in favor…
Transparency of International Agreements Under the Revised Case-Zablocki Act: An Assessment After Six Months
Despite the substantial improvements in the transparency regime for executive agreements and non-binding instruments, additional changes should be considered.
The Nuts and Bolts of Enforcing AI Guardrails
More work is needed to ensure U.S. federal agencies have the resources to implement essential AI safeguards.
Budget Cuts as Alternative Congressional Oversight Enforcement Mechanism
It is easy, especially for litigation-minded lawyers, to focus the most attention on investigation enforcement mechanisms like contempt, but in Congress the vast majority of enforcement…
Meta’s Oversight Board in a Historic Election Year: Nine Key Lessons for Industry
Meta's Oversight Board released a policy paper with recommendations for Meta and other social media companies on election content moderation.
House Meeting on White House AI Overreach Highlights Congressional Inaction
States and the executive branch are working to fill gaps in Congressional action on AI regulation, potentially creating a patchwork.
In Shifting US Ties with Niger and Africa, Focus on Human Rights and Democracy to Strengthen Partnerships
After a series of coups in the region following years of counterterrorism cooperation, the US needs a new approach to recover its stride.
The SAFE Act Is No “Compromise” and Won’t Leave Americans Safer
The SAFE Act would renew Section 702 of FISA, but only with changes that seriously undermine its agility and value as an indispensable foreign intelligence collection tool.
Congress Must Strengthen Oversight on Intelligence Sharing and Civilian Harm
Congress must do more to track how intelligence sharing with allies and partners contributes to civilian harm.
The Biden Impeachment Inquiry: A Heedless Descent into Constitutional Anarchy
House Republicans are embracing a world where every presidency and every congress is consumed by impeachment.
The PCLOB Stubs Its Toe on Use of U.S. Person Queries with FISA Section 702
A critique of the PCLOB recommendation that Congress require FISC authorization when U.S. person query terms are used in the FISA Section 702 database.