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6 Jul 2021, 7:00 am
In a Lawfare post in March, based on the public record as it existed then, we considered the Obama and Trump administrations’ approaches to pursuing evidence from reporters in leak cases and concluded that President Trump’s record “wasn’t that different compared to previous presidencies” (emphasis in original). [read post]
17 Jan 2014, 10:17 am
Rebecca Tushnet, The Yes Men and the Women Men Don't SeeI begin with a claim that is likely to be demoralizing, but also reveals some interesting features of privacy: In practice, Americans and many other Westerners care more about privacy as against their neighbors than they do about privacy as against their governments. [read post]
9 Oct 2017, 9:06 am
Jason Healey, David Lashway, Greg Rattray, and Katheryn Rosen will discuss their new report on defending cyberspace. [read post]
9 Jun 2021, 12:48 pm
Five months after opening an investigation into the Jan. 6 assault on the Capitol, two Senate committees have released a report outlining their factual findings and a series of policy recommendations aimed at correcting the failures that left federal agencies and congressional security officials woefully unprepared for an attack on a joint session of Congress. [read post]
18 May 2020, 1:54 pm
During a videoconference on May 13, the Cyberspace Solarium Commission made its case to Congress that the U.S. should adopt a strategy of layered cyber deterrence, a three-pronged plan to reduce the frequency of and the damage wrought by cyberattacks targeting America. [read post]
20 Jul 2022, 12:02 pm
” At the same time, the Justice Department Office of Inspector General is conducting an investigation of Jeffrey Clark—the department official who sought to replace Acting Attorney General Jeffrey Rosen and leverage the Justice Department’s power to keep Trump in office—and John Eastman, the outside legal adviser behind the effort to block the certification of the electoral vote on Jan. 6. [read post]
14 Feb 2024, 6:30 am
For the Balkinization symposium on Robert Post, The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024).Laura KalmanI’ve never thought him a great President, but I’ve always had a soft spot for William Howard Taft. [read post]
18 Aug 2022, 8:11 am
Rosen (citing Gorin), “the statute only applies to information for which there is an ‘occasion for secrecy,’ and there is no ‘occasion for secrecy’ unless disclosure of the information the government seeks to protect implicates an important government interest such as the national security. [read post]
18 May 2020, 1:54 pm
During a videoconference on May 13, the Cyberspace Solarium Commission made its case to Congress that the U.S. should adopt a strategy of layered cyber deterrence, a three-pronged plan to reduce the frequency of and the damage wrought by cyberattacks targeting America. [read post]
5 Mar 2021, 11:50 am
It was the most catastrophic intelligence failure since Sept. 11, 2001. [read post]
8 Dec 2017, 12:07 pm
Court of AppealsDismissal of A Neglect Petition Divests Family Court of Jurisdiction to Issue Further Orders or Impose Additional Conditions on A Child's ReleaseIn Matter of Jamie J., 2017 WL 5557887, 2017 NY Slip Op 08161 (2017) the Court of Appeals, in an opinion by Judge Wilson, held that Family Court lacks subject matter jurisdiction to conduct a permanency hearing pursuant to Family Court Act article 10-A once the underlying neglect petition brought under Article 10 has been dismissed for… [read post]
4 Feb 2023, 12:16 pm
A Few Words for a Lost Friend: Tribute to Dmitry Karshtedt (Bob Brauneis, Mark Lemley, Jake Sherkow) Closing Plenary Session: Fair use Robert Brauneis, Copyright Transactions in the Shadow of Fair Use Suppose a work does not infringe another work because and only because it’s been ruled a fair use. [read post]
17 Feb 2021, 4:39 pm
Leading public health and workplace safety experts have urged the Biden Administration to invoke immediate measures to reduce the aerosol spread based COVID-19 virus. [read post]
5 Jul 2013, 8:25 am
(Pix Reuters from Armin Rosen, "How Suing Shell Could Backfire on Human Rights Activists," The Atlantic, Nov. 17, 2011 "The U.S. court system is an imperfect recourse for human rights advocates, but if the Supreme Court affirms the ability to sue multinational corporations, it could become an important one. . . . [read post]
1 Feb 2016, 5:47 pm
Appeals -- Sanctions -- Maintenance of indefensible position in trial court and on appeal -- Rare circumstance in which appellee may be sanctioned -- Appellee complying with none of court deadlines -- Appellee directed to show cause why appellant's attorney's fees should not be assessed against appellee HSBC Bank USA, N.A., Appellant, vs. [read post]
16 Sep 2015, 6:11 am
Sept. 20, 2013) (denying summary judgment of § 512(f) counterclaim due to “sufficient evidence in the record to suggest that [Plaintiff] Warner intentionally targeted files it knew it had no right to remove”); Rosen v. [read post]
8 Feb 2017, 3:26 pm
This post examines an opinion from the Superior Court of New Jersey – Appellate Division: State v. [read post]
Do Top-Tier Media Types Think They Will Be Spared in a Trump Crackdown? Theories of Media Complicity
13 Sep 2024, 11:48 am
On his morning show earlier this week, Joe Scarborough commented on the press's obsession with false equivalency, saying in exasperated tones that "everybody [in the political media] is so desperate to make this a normal presidential campaign instead of a campaign between someone who ... wants to undermine American democracy and another candidate who doesn't. [read post]
29 Sep 2021, 5:01 am
For several weeks now, a constitutional conflict has been simmering on Capitol Hill. [read post]
12 Dec 2014, 12:53 am
Confidence – or “cautious optimism” – is apparently on the rise according to some recent surveys. [read post]
