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Legal Commentary

: The Volokh Conspiracy

New ?Lawfare? Blog

By Orin Kerr

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(Orin Kerr)

Three important voices in national security law ? Jack Goldsmith, Bobby Chesney, and Benjamin Wittes ? have launched a new blog: LAWFARE: Hard National Security Choices. There?s a bunch of interesting content up already. Here?s the intro to the blog from Ben?s first post on Wednesday:

Welcome to Lawfare, a new blog by Robert Chesney, Jack Goldsmith, and myself. For those readers familiar with our prior writings, our subject will come as no surprise: 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.

We have all written extensively in this space, both individually and collectively. Our purpose in creating this blog is to create a collective outlet for shorter writing that is more responsive to the ongoing events.

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.

If you?re interested in national security law, this new blog promises to be a must-read


Full post as published by The Volokh Conspiracy on September 03, 2010 (boomark / email).

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