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Lawfare
Analysis and Commentary

New Additions to the Lawfare Team

by Benjamin Wittesvia Lawfare
Wednesday, January 7, 2015

I’m very excited to add three new additions to Lawfare‘s crew of contributors:

Lawfare
Analysis and Commentary

The Grand Prize Winner of Our Snazzy Drawing

by Benjamin Wittesvia Lawfare
Monday, January 5, 2015

Some time back, I promised that if you donated to Lawfare before year’s end, each dollar of contribution would constitute a separate chance to win neato Lawfare prizes.

Analysis and Commentary

Quick Responses to Schneier on Attribution in the Sony Hack

by Jack Goldsmithvia Lawfare
Monday, January 5, 2015

Bruce Schneier has two typically fine new essays on the Sony hack.  The first (at the Atlantic.com) argues that “we still don’t know who’s behind” the Sony hack, and the second (at Time.com) explains why the government should “be much more forthcoming about its evidence” about attribution.

The International Criminal Court in The Hague, Netherlands
Analysis and Commentary

The Palestinian Authority’s Lose-Lose-Lose Move On ICC

by Matthew Waxmanvia Lawfare
Monday, January 5, 2015

Just before the end of the year, the Palestinian Authority took steps to become party to the Rome Statute and thereby join the International Criminal Court (ICC). This is a lose-lose-lose move: it is bad for Israel, bad for the Palestinian Authority, and bad for the ICC.

Lawfare
Analysis and Commentary

A New Year’s Message: Plans For 2015

by Benjamin Wittesvia Lawfare
Thursday, January 1, 2015

The year 2014 was a great one for Lawfare–with continued growth in readership, and development of new content streams. I honestly did not believe we would eclipse Lawfare‘s performance in 2013 this past year. But we did.

Analysis and Commentary

The Consequences of Credible Doubt About the USG Attribution in the Sony Hack

by Jack Goldsmithvia Lawfare
Tuesday, December 30, 2014

A few weeks ago I wrote critically of the FBI’s statement that it had “enough information to conclude that the North Korean government is responsible” for the Sony hack:

Analysis and Commentary

Thoughts on the SSCI Report, Part III: The Program’s Effectiveness

by Benjamin Wittesvia Lawfare
Sunday, December 28, 2014

Having started this series of posts by focusing on the aspect of the SSCI’s report on which the committee majority is strongest—the program’s brutality—I want to turn now to the aspects of the committee’s work on which, to my mind at least, its report is less persuasive.

Analysis and Commentary

NSA Swag Made in Pakistan

by Benjamin Wittesvia Lawfare
Wednesday, December 24, 2014

Three years ago, Lawfare broke the important news that CIA branded gear at the CIA’s gift shop was being imported from, of all places, Pakistan.

Analysis and Commentary

A Modest Defense of the Government’s Legal and Policy Confusion Re Sony

by Jack Goldsmithvia Lawfare
Tuesday, December 23, 2014

The attribution problem makes it very hard for the public to know if North Korea in fact attacked Sony, the precise damage Sony suffered, and the party responsible for the (apparent) counter-attack in North Korea. 

Pages

The Hoover Institution Jean Perkins National Security & Law Task Force is no longer active as of August 31, 2015. This page will not be updated with future posts.

The Briefing

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

Lawfare Blog

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.