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Blogs

China’s ADIZ At One Year

by Matthew Waxmanvia Lawfare
Tuesday, November 25, 2014

A year ago this week, China abruptly declared an Air Defense Identification Zone (ADIZ) covering a large area of the East China Sea, including islands the legal possession of which China disputes with Japan.

Blogs

End Of Forever War Watch, Weekend Edition

by Jack Goldsmithvia Lawfare
Saturday, November 22, 2014

Mark Mazzetti and Eric Schmitt report:

Blogs

Bruce Riedel on the Origins of the Islamic State

by Benjamin Wittesvia Lawfare
Tuesday, November 18, 2014

A brief history of the Islamic State in the form of an animated video from my Brookings colleague Bruce Riedel. Bruce is the director of The Intelligence Project at Brookings, and he spent 30 years at the Central Intelligence Agency.

Featured Commentary

Bret Stephens' Call for Robust U.S. Foreign Policy

by Peter Berkowitzvia Real Clear Politics
Sunday, November 16, 2014

The disarray of American foreign policy has perilous consequences that are global in reach.

War Plane
Featured Commentary

Five Principles That Should Govern Any U.S. Authorization Of Force

by Jack Goldsmith, Ryan Goodman, Steve Vladeck via Washington Post
Friday, November 14, 2014

President Obama has stated that he wants “to begin engaging Congress” over a new Authorization for Use of Military Force (AUMF) against the Islamic State and also that he wants to “right-size and update” the 2001 AUMF “to suit the current fight, rather than previous fights.”

Blogs

Pew Study Says Exactly What You’d Expect on Privacy

by Benjamin Wittesvia Lawfare
Thursday, November 13, 2014

The Pew Research Internet Project has released a new public opinion study that shows exactly what you would expect the public believes about privacy, surveillance, and related matters. The study seems to have involved a major effort, and I read it yesterday expecting to find some new insight into public opinion about privacy.

Blogs

The U.S.-China Climate “Deal” Does Less Than Has Been Hyped

by Jack Goldsmithvia Lawfare
Thursday, November 13, 2014

I am (as I have previously noted) no expert on climate change.  But reading the text of the much-vaunted U.S.-China Joint Announcement on Climate Change makes me think there is a large gap between how the document is being spun and what it actually does. 

Blogs

A New AUMF, The Lame-Duck Session, and the Meaning of Sunset Clauses

by Jack Goldsmithvia Lawfare
Wednesday, November 12, 2014

Two quick reactions to John Bellinger’s post on a new ISIL AUMF:

Blogs

Why A Substantively Neutral But Procedurally Constraining AUMF Makes Sense

by Jack Goldsmithvia Lawfare
Tuesday, November 11, 2014

A few weeks ago Matthew Waxman and I ended our critical essay on President Obama’s war powers legacy by noting that “Obama’s legacy will look quite different if, after the midterm elections, he seeks and receives congressional authorization for the use of force against IS, especially if he also works with Congress on a framework statute that updates the 2001 AUMF to deal with the many emerging threats around the world in a principled, transparent manner with prudent limits.” 

Blogs

A Response to Steve Vladeck on the AUMF Principles

by Benjamin Wittesvia Lawfare
Tuesday, November 11, 2014

I am a little perplexed by Steve’s response to my critique of the AUMF principles he helped write. Steve accuses me of “hiding the ball.” But he seems to me, rather, to be moving the goalposts. He may have moved them into a position that, as he suggests, gives rise to less disagreement on my part with the principles he is advancing.

Pages

The Briefing

The Briefing provides perspectives on national security under the auspices of the rule of law and US constitutional law.

Lawfare Blog

Privacy, Security, and the National Security Agency (NSA)

Hoover hosts Intelligence Challenges Workshop

Tuesday, May 27, 2014

Hoover senior fellow Amy Zegart and National Security Affairs Fellow Lieutenant Colonel Matthew Atkins hosted thirty five experts from government, the military, academia, and the private sector for a day-long workshop examining key current and emerging intelligence challenges. 

Event
The Briefing: Second Term Challenges - header

Second Term Challenges

Thursday, January 24, 2013

As Barack Obama begins his second term as president of the United States, the nation faces a range of formidable challenges at the intersection of which are national security and law.

News
Jeremy Rabkin (left) and Ariel Rabkin

New essay concerning cyber threats from the National Security and Law Task Force

Monday, May 21, 2012

The newest essay, “To Confront Cyber Threats, We Must Rethink the Law of Armed Conflict,” by Jeremy and Ariel Rabkin, is available on the Emerging Threats essay series page.

News
Living with the UN: American Responsibilities and International Order

International Law Expert Defines Ideal United States-United Nations Relationship Living with the UN: American Responsibilities and International Order

Wednesday, April 11, 2012
Stanford

Hoover Institution Press today released Living with the UN: American Responsibilities and International Order by Ken Anderson. In this book, Anderson examines the relationship between the United States and the United Nations and analyzes their interaction on issues including security, human rights, and development.

Press Releases
Israel and the Struggle over the International Laws of War

Politics and Law Scholar Peter Berkowitz Examines the Politicization of the Laws of War in Israel and the Struggle over the International Laws of War (Hoover Institution Press)

Monday, April 9, 2012
Stanford

Hoover Institution Press released Israel and the Struggle over the International Laws of War by Hoover senior fellow Peter Berkowitz. Berkowitz defends the international laws of war by exposing the flawed assumptions and defective claims that have gained currency from The Goldstone Report (2009 Report of the United Nations Fact Finding Mission) and the Gaza Flotilla controversy. In both instances, Berkowitz argues, accusations of unlawful conduct directed at Israel by official bodies of the United Nations, European states, Arab states, and Turkey that relied more on bluster and the determination to gain political advantage than on sound legal analysis. In both cases those accusations worked to criminalize not only Israel’s legitimate right of self-defense but all liberal democracies’ right to defend themselves against transnational terror.

Press Releases
National Security and Law Task Force meeting, January 2012.

Hoover Institution hosts National Security and Law Task Force meeting

Thursday, January 5, 2012

The Koret-Taube Task Force on National Security and Law met at the Hoover Institution on Thursday, January 5, 2012, to discuss the pressing challenges the United States confronts as it seeks, consistent with the Constitution and the international laws of war, to defend the nation and, where necessary, wage war.

News
Eyes on Spies: Congress and the United States Intelligence Community

Hoover Institution Press Releases Book Highlighting Why America's Post-9/11 Intelligence System Remains Dysfunctional

Tuesday, August 30, 2011
Stanford

Hoover Institution Press today released Eyes on Spies: Congress and the United States Intelligence Community by Hoover senior fellow Amy Zegart. Zegart's commentary is especially poignant in light of tenth anniversary of 9/11. As the nation evaluates whether we are safer today than we were ten years ago, Zegart examines surprising reasons for weaknesses in the US intelligence community and sheds light on why deficiencies continue to persist.

Press Releases
The Hoover Institution’s Koret-Taube Task Force on National Security and Law met June 10 and 11.

Hoover's National Security and Law Task Force Hosts Meeting

Wednesday, June 9, 2010

The Hoover Institution’s Koret-Taube Task Force on National Security and Law, which examines the rule of law, the laws of war, and American constitutional law with a view to promoting proposals that strike an optimal balance between individual freedom and the vigorous defense of the nation against terrorists both abroad and at home, met June 10 and 11.

News
Stewart A. Baker

Stewart Baker, former Homeland Security official, addressed Hoover’s Koret-Taube Task Force on National Security and Law

Thursday, January 7, 2010

On January 7, 2010, Stewart Baker, former assistant secretary of Homeland Security, explained how exponential advances in technology improve the quality of life while at the same time provide terrorists unprecedented powers to wreak death and destruction.

News
Ruth Wedgewood

Task Force on National Security and Law Dinner

Thursday, June 11, 2009
Hoover

The Hoover Institution’s Koret-Taube Task Force on National Security and Law dinner was held in the Nicolas de Basily Room of the Hoover Tower on June 11. Task force member Ruth Wedgewood delivered before-dinner remarks titled “Piracy and the Law Adrift.”

Event

Pages

The National Security and Law Task Force examines the rule of law, the laws of war, and American constitutional law with a view to making proposals that strike an optimal balance between individual freedom and the vigorous defense of the nation against terrorists both abroad and at home.

The task force’s focus is the rule of law and its role in Western civilization, as well as the roles of international law and organizations, the laws of war, and U.S. criminal law. Those goals will be accomplished by systematically studying the constellation of issues—social, economic, and political—on which striking a balance depends.

Peter Berkowitz serves as chair of the National Security and Law Task Force.