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691 Articles

Finally Ending America’s Forever War, Part I: Diagnosis

On the 22nd anniversary of 9/11, leading legal scholar Harold Hongju Koh offers a grim diagnosis of how we got here and the challenges ahead.
Close shot of Eli Rosenbaum

How to Get Away With Crimes Against Humanity: The Statutory Gap in US Law

Congress can bring justice for victims of crimes against humanity by passing a statute with universal jurisdiction.
STRAIT OF HORMUZ (Aug. 6, 2023) An L3 Harris Arabian Fox MAST-13 unmanned surface vessel, front, the U.S. Coast Guard fast response cutter USCGC Charles Moulthrope (WPC 1141), the dry cargo and ammunition ship USNS Amelia Earhart (T-AKE 6) and the guided-missile destroyer USS Thomas Hudner (DDG 116) transit the Strait of Hormuz, Aug. 6, 2023. (U.S. Navy photo)

Renewed Tensions in the Persian Gulf: Further War Powers Lessons from the Tanker War

The possibility of unilateral use of force spiraling into conflict in the Middle East should generate a sense of urgency on Capitol Hill for tackling war powers reform.
Capitol Building

The House Tackles Zombie War Authorizations: Possibilities and Perils

Congress is trying to reassert itself after more than two decades of acquiescence to executive branch overreach on matters of war and peace.
Chief Justice Roberts and Justice Kagan sit in a crowd and watch the State of the Union address. They are both wearing black robes.

John Roberts Takes Control on Voting Rights

Despite some positive developments, it is likely that ongoing and future civil-rights litigation will be contoured to satisfy, not an audience of nine, but a Chief Justice whose…
Fishing boats behind a Chinese flag are seen in a harbour on Pingtan island, the closest point in China to Taiwan

Deterrence Lawfare to Save Taiwan

Recognition would be a powerful diplomatic weapon for the US should China abandon a peaceful means to resolve the island's governance.
Headshot of U.S. Speaker of the House Kevin McCarthy

Missed Opportunities in House FY24 NDAA for Human Rights Progress in U.S. Security Assistance

The House of Representatives' FY24 NDAA missed the mark in strengthening arms transfer law, which is currently opaque and outdated.

The Year of Section 702 Reform, Part III: Why Congress Should Not Exempt Warrantless “Foreign Intelligence” Queries

A cramped approach to protecting Americans’ privacy would be a mistake, both as a legal matter and a practical one.
Shot of the United States Capitol in front of a cloudy sky

The House Closed a Key Loophole in Court-Martial Appeals. Will the Senate Follow?

The Senate should support the draft NDAA section that finally drops unfair limitations on GI access to the United States' highest court.
visual representation of a global communications network

A Close and Critical Look at the ‘Five Things’ the ACLU Says You Need to Know About ‘NSA Mass Surveillance’

The most compelling national security question this year is whether Congress will reauthorize Section 702 and, if so, what form that reauthorization will take.
IMAGE: Visual representation of a global network (via Getty Images)

The Perils and Promise of AI Regulation

With the launch of ChatGPT late last year, Congress is racing to catch up to the great promise and peril presented by the rapid deployment of artificial intelligence (AI). Just…
Kevin McCarthy speaks to reporters in front of a sign saying "Defend Our Nation."

Civilian Protection Gains Stagnate in FY24 House NDAA

As the Senate considers the NDAA, U.S. policymakers should rally around the passed House amendments poised to make progress for civilians.
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