Latest in Miscellaneous


Christmas in the Trenches 2018

As is my annual custom, this song is both thanks to all those who serve our country and a reminder of why they serve—to "secure the blessings of liberty." This year, more than ever, it seems worth remembering those who sacrifice for our nation.

My best wishes to all Lawfare readers for a warm and wonderful holiday season and a happy new year.


Robert Mueller Speaks!

It was in the midst of Hurricane Florence that Amy Fiscus, a New York Times national security editor, tweeted:

NPR interviewed a Robert Mueller as a man on the street in the hurricane and I briefly had a heart attack

— Amy Fiscus (@amyfiscus) September 12, 2018

Teaching National Security Law

2018 Case Supplement for ‘Computer Crime Law, 4th Edition’

As some readers know, I wrote a law school casebook on computer crime law. The first edition came out in 2006, and it has been updated over time: The fourth edition came out in January 2018. If you’re interested in checking out the casebook, its first 40 pages—which includes the introduction, the table of contents and the first 30 pages of text—is available for download here on SSRN.


Announcing the 9th National Security Law Workshop

We are excited to announce the Ninth National Security Law Workshop! We will be holding the ninth National Security Law Workshop September 27-28, 2018 at the Judge Advocate General’s Legal Center and School in Charlottesville, VA. This unique event brings civilian law faculty, Judge Advocates, ICRC representatives, and other government legal advisers together for two days of dialogue on national security law topics.

1. Location and Date


How To Declare War (Anno Domini, 1429)

Jhesus-Maria, King of England, and you, Duke of Bedford, who call yourself regent of the Kingdom of France, you, Guillaume de la Poule, count of Suffort, Jean, sire of Talbot, and you, Thomas, sire of Scales, who call yourselves lieutenants of the Duke of Bedford, acknowledge the summons of the King of Heaven. Render to the Maid here sent by God the King of Heaven, the keys of all the good towns which you have taken and violated in France. She is here come by God’s will to reclaim the blood royal.

Vladimir Putin

Is Benjamin Wittes Underestimating Vladimir Putin’s Martial Arts Skills?

The first time I got the crap beaten out of me, I was a cocky 16-year old ironically on my way to, of all place, karate class. What started as a very minor auto “incident” ended as a completely avoidable road rage fight with a big 40-year old farm-boy who outweighed me by 100 pounds. I know he outweighed me by 100 pounds because the very short fight ended with him lying on top of me in the middle of the street after pile-driving me straight into the pavement.


‘Once to Every Man and Nation Comes the Moment to Decide’

On this day in 1845, the New England poet and noted abolitionist (and Harvard Law School graduate) James Russell Lowell published a long poem in the Boston Courier entitled “Verses Suggested by the Present Crisis” about the national debate over slavery and the impending war with Mexico after the annexation of the slave-owning Texas by the United States.


Scalia and Foreign Law

On November 18th, at the Federalist Society’s National Lawyers Convention, I joined a trio of eminent national-security-law experts—Texas’s Steve Vladeck, the Brennan Center’s Liza Goitein, and GW’s Brad Clark—for a lively panel on Justice Scalia’s legacy in our field. That was also the theme of an essay I wrote for Lawfare in the wake of Justice Scalia’s passing in February.

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