Latest in Criminal Justice & Rule of Law
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Keeping but Reforming Special Counsel Rules: A Reply to Jack Goldsmith
Yes, there are serious problems with the special counsel rules, but it is worth trying to fix them. -
Could the Special Counsel Challenge Judge Cannon’s Jury Instructions Before They’re Delivered?
Though rarely tried, prosecutors have successfully challenged proposed jury instructions by mandamus actions—at least after the jury was sworn in. -
A Trial Date Certain-ish: NY Trump Case Set to Begin April 15
A dispatch from the courtroom of Justice Juan Merchan, who set the date for the first criminal trial of a former president—again. -
Moving Beyond Absolutes on Presidential Immunity
Presidents are sometimes immune from criminal prosecution, but only in limited circumstances. Trump’s case doesn’t come close. -
Judge McAfee Rules Willis Can Stay If Wade Goes
Judge McAfee found that the defendants failed to establish an “actual conflict of interest.” -
Law and Politics in the Quest for an Independent Department of Justice
A review of Geoffrey Berman, “Holding the Line: Inside the Nation's Preeminent US Attorney's Office and Its Battle with the Trump Justice Department” (Penguin Press, 2022) -
“Once again, not guilty, your honor”: Menendez Supersedingly Arraigned in Federal Court
A dispatch from the courtroom of U.S. District Judge Sidney H. Stein. -
Open Questions in Law and AI Safety: An Emerging Research Agenda
The case for AI safety law as a valuable field of scholarship, a preliminary set of research questions, and an invitation for scholars to tackle these questions and others. -
Space Law: Promoting the Rules-based Order through Multi-Domain Lawyering
Remarks from General Counsel of the Department of Defense Caroline D. Krass delivered at the 2024 USSPACECOM Legal Conference. -
Supreme Court Keeps Trump on the Colorado Ballot
In a 9-0 ruling, the Supreme Court ruled that the Colorado Supreme Court erred in removing former President Donald Trump from the state's presidential primary ballot. -
Taking Biden’s Handling of Classified Material Seriously
The President’s behavior deserves criticism, even if it’s not criminal and less bad than that of the former president. -
The Lawfare Podcast: ‘God, Guns, and Sedition’ with Bruce Hoffman and Jacob Ware
A conversation about a new book on the rise of far-right terrorism in America and how to counter it.
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