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13 Jun 2018, 11:19 am by David Pozen
Goldsmith’s essay tees up, but does not fully explore, a range of explanatory hypotheses. [read post]
16 Aug 2015, 4:52 pm
Acquiring a Twitter account in utero does not bestow an innate ability to commune with the machines. [read post]
30 Oct 2020, 1:17 pm by Sara Chimene-Weiss, Helen White
The Second Amendment does not preclude these types of bans. [read post]
20 Dec 2017, 2:00 pm by Jeremy Malcolm
Why, you might ask, does it matter if a fairly obscure, 12 year old Internet governance forum loses support and goes away? [read post]
5 Oct 2016, 11:38 am by Zachary Burdette, Quinta Jurecic
The total does not include the annual $4 billion in security assistance that NATO provides Afghanistan. [read post]
2 Jun 2023, 6:30 am by Guest Blogger
  The impresario of this blog, Jack Balkin, has written on “constitutional rot. [read post]
3 Dec 2013, 7:54 am
  A “consumer expectations” theory made no difference since that theory does not apply to prescription drugs. [read post]
17 Aug 2015, 11:22 am by Stephen Griffin
  To digress a bit, training does make a difference to knowledge of historical sources. [read post]
13 Jun 2018, 11:30 am by David Pozen
Goldsmith’s essay tees up, but does not fully explore, a range of explanatory hypotheses. [read post]
4 Mar 2019, 5:00 am by Keith E. Whittington
In this line of thinking, Trump may be corrupt or oafish, but he does not pose much of a threat to American democracy. [read post]
26 Apr 2017, 3:46 am
2)      Does it make any difference:-      whether the copyright-protected works as a whole have not previously been published on the internet or have been published only through subscriptions with the authorisation of the right holder? [read post]
28 Sep 2018, 11:42 am by Chimène Keitner
The principle of consent lies at the heart of the ICC, as it does in any other treaty-based arrangement. [read post]
27 Mar 2020, 1:30 pm by Guest Blogger
What value does the government’s speech provide, what dangers does the government’s speech threaten, and does the Constitution protect us from those dangers? [read post]
15 Jun 2015, 3:00 pm by Charlie Dunlap
With headlines in the aftermath of the OPM hack asking if it was a “cyber 9/11” or an “act of war,”  and Lawfare’s own Jack Goldsmith’s questioning the apparent “weak and hesitant” U.S. response to the hack, it may be helpful to take a look at a key legal resource: The U.S. [read post]
17 Jan 2023, 6:08 am by Emma Svoboda
Halkbank, conversely, contends that the FSIA does apply to criminal cases, but that the exceptions apply only in the civil context, and that its conduct does not fall under the commercial activities exception regardless. [read post]
14 May 2018, 4:30 am by John Dehn
He does not appear to recognize the charter’s “constitutional” nature or the fact that the charter derives its authority in the same way that the Constitution does: by consent. [read post]
30 Apr 2016, 12:10 pm by Rebecca Tushnet
   Jack Balkin: You can’t go far if you try to base a theory on some idea of freedom. [read post]