Scholarship

Abhi Sharma

Lawfare keeps its readers updated on the latest scholarship across a wide range of relevant areas and disciplines. Law review articles, working papers, casebook supplements, and other noteworthy new works are all linked to here.

Latest in Scholarship

International Law

A Post-Human Rights Era? A Reappraisal and a Response to Critics

The growing challenges both to international human rights law and to the international legal system as a whole count as old news by now. The sources of these threats are many: the rise in populism and nationalism, the growth in power and assertiveness of both China and Russia, growing income inequality, the election of Donald Trump, Brexit, and so on. Even in this context, however, the past year has been an especially difficult one for human rights.

Scholarship

How, and How Often, Do Legal Academics Use FOIA?

Since its enactment in 1966, the Freedom of Information Act (FOIA) has served as a significant source of transparency in government, allowing anyone to access official records that would otherwise be unavailable to the public. Legal academics have analyzed the statute in numerous law review articles, most of which seem to embrace FOIA’s underlying goals. Yet the actual use of FOIA and its state-law equivalents in legal academia has been quite limited.

International Organizations

There Really is an Expert Consensus: Multilateralism Still Matters

How do international relations experts evaluate President Trump’s efforts to reshape the U.S.-led international order and the multilateral institutions that help govern it? IR scholars have long argued that multilateral institutions like the United Nations, North Atlantic Treaty Organization (NATO), and the World Trade Organization (WTO) offer significant economic and security benefits to the world in general and the United States in particular.

War Powers

Remembering the Ludlow Amendment

Few people today have ever heard of the Ludlow Amendment—a radical proposal that would have required a popular referendum before Congress could declare war and which lost a critical House vote on this date in 1938. The proposal was the closest the United States ever came to formally amending the Constitution’s allocation of war powers, and it would have revised them in exactly the opposite direction in which their interpretation has evolved in practice since the amendment’s defeat.

Scholarship

Litigating Data Sovereignty

If the first round of debates over internet governance focused on whether the internet can be governed, today’s debates are about which states will regulate the internet, how and where. China famously manages a walled garden; Europe has built an extremely robust privacy regime (read: mandated data localization) and seeks to apply its laws extraterritorially; the U.S. has a self-professed “open internet” policy but a series of outdated rules encumber different aspects of U.S. internet firm operations.

Cybersecurity

Teaching Cybersecurity Law and Policy: My Revised 62-Page Syllabus/Primer

Cybersecurity law and policy is a fun subject to teach. There is vast room for creativity in selecting topics, readings and learning objectives. But that same quality makes it difficult to decide what to cover, what learning objectives to set, and which reading assignments to use.

With support from the Hewlett Foundation, I’ve spent a lot of time in recent years wrestling with this challenge, and last spring I posted the initial fruits of that effort in the form of a massive “syllabus” document. Now, I’m back with version 2.0.

Armistice Day

Strategy Without Politics Is No Strategy: A Lesson of World War I for the Trump Era

The lessons of World War I are many and varied for those who study warfare. To name a few: Economic interconnectedness does not avert armed conflict; democratic states are capable of making durable and costly commitments to both war effort and alliances; the decisiveness of battlefield outcome is a central determinant of the sustainability of peace settlements; technological innovation can radically alter the offense-defense balance in military operations; and “laws of war” can be developed that create enduring norms limiting classes of weaponry.

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