Robert Chesney, Jack Goldsmith and Ben Wittes just launched an exciting new blog entitled "Lawfare: Hard National Security Choices" or The Lawfare Blog for short (my shortening). Based on the experience and prior writings of these bloggers, this will be an invaluable resource for those who follow national security issues. Here's their description:
We mean to devote this blog to that nebulous zone in which actions taken or contemplated to protect the nation interact with the nation’s laws and legal institutions. We will, I am sure, construe this subject broadly to include subjects as far-flung as cybersecurity, Guantánamo habeas litigation, targeted killing, biosecurity, universal jurisdiction, the Alien Tort Statute, the state secrets privilege and countless other related and not-so-related matters.
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The name Lawfare refers both to the use of law as a weapon of conflict and, perhaps more importantly, to the depressing reality that America remains at war with itself over the law governing its warfare with others. This latter sense of the word—which is admittedly not its normal usage—binds together a great deal of our work over the years. It is our hope to provide an ongoing commentary on America’s lawfare, even as we participate in many of its skirmishes.
While we are on the topic of Lawfare, readers may be interested in next week's conference at Case Western entitled (wait for it) LAWFARE! Details are posted here.