Lawfare

by Orde F. Kittrie

Author	: Orde F. Kittrie
Publisher	: Oxford University Press
Total Pages	: 505
Release	: 2016
Genre	: History
ISBN	: 0190263571

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In Lawfare, author Orde Kittrie's draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of the strategic leveraging of law as an increasingly powerful and effective weapon in the current global security landscape. Lawfare incorporates case studies of recent offensive and defensive lawfare by the United States, Iran, China, and by both sides of the Israeli-Palestinian conflict and includes dozens of examples of how lawfare has thus been waged and defended against. Kittrie notes that since private attorneys can play important and decisive roles in their nations' national security plans through their expertise in areas like financial law, maritime insurance law, cyber law, and telecommunications law, the full scope of lawfare's impact and possibilities are just starting to be understood.

Lawfare

by Cristiano Zanin Martins

Author	: Cristiano Zanin Martins
Publisher	: Routledge
Total Pages	: 107
Release	: 2021-06-13
Genre	: Law
ISBN	: 1000430685

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This book examines one of the most emblematic cases of lawfare today: the criminal prosecution of former Brazilian President Lula. The authors argue that lawfare is not just a slogan or a game at the service of any one political ideology. Rather, it has to do with a complex, multifaceted phenomenon that should be carefully reflected upon in modern constitutional democracies, given that it is able to demolish majority rule and the rule of law. They contend it is the strategic use of the law with the purpose of delegitimizing, harming or annihilating an enemy. The literature specializing in the subject tends to alternate between analysis of only one aspect of the phenomenon or consists of extensive case studies. In order to fill this gap, this book revisits the subject and offers a sophisticated theoretical approach to lawfare, in an unprecedented combination of theory of war and theory of law. The book will be of interest to students, researchers and policy makers working in the areas of public law, international law, procedural law, anthropology of law and sociology of law, as well as political science and international relations.

Lawfare

by Michelle le Roux

Author	: Michelle le Roux
Publisher	: Jonathan Ball Publishers
Total Pages	: 431
Release	: 2019-04-15
Genre	: Law
ISBN	: 186842961X

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What happens when South Africa's tumultuous political life becomes entangled in the courts of law? Throughout the past 50 years, the courts have been a battleground for contesting political forces as more and more conflicts that were once fought in Parliament or in streets, or through strikes and media campaigns, find their way to the judiciary. Certainly, the legal system was used by both the apartheid state and its opponents. But it is in the post-apartheid era, and in particular under the rule of President Jacob Zuma, that we have witnessed a dramatic increase in 'lawfare': the migration of politics to the courts. The authors show through a series of case studies how just about every aspect of political life ends up in court: the arms deal, the demise of the Scorpions, the Cabinet reshuffle, the expulsion of the EFF from Parliament, the nuclear procurement process, the Cape Town mayor – the list goes on and on. This book offers a highly readable analysis of some of the most widely publicised and decisive instances of lawfare. It argues that while it is good that the judiciary is able to shoulder the burden of supporting democracy, it is showing signs of immense strain under the present deluge of political cases. Whether the courts will survive this strain undamaged remains to be seen.

After Trump

by Bob Bauer

Author	: Bob Bauer
Publisher	: Lawfare Press
Total Pages	: 436
Release	: 2020-09-15
Genre	: Executive power
ISBN	: 9781735480619

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In After Trump: Reconstructing the Presidency, Bob Bauer and Jack Goldsmith provide a comprehensive roadmap for reform of the presidency in the post-Trump era. In fourteen chapters they offer more than fifty concrete proposals concerning presidential conflicts of interest, foreign influence on elections, pardon power abuse, assaults on the press, law enforcement independence, Special Counsel procedures, FBI investigations of presidents and presidential campaigns, the role of the White House Counsel, war powers, control of nuclear weapons, executive branch vacancies, domestic emergency powers, how one administration should examine possible crimes by the president of a prior administration, and more. Each set of reform proposals is preceded by rich descriptions of relevant presidential history, and relevant background law and norms, that place the proposed reforms in context. All of the proposals are prefaced by a chapter that explains how Trump--and, in some cases, his predecessors--conducted the presidency in ways that justify these reforms. After Trump will thus be essential reading for the coming debate on how to reconstruct the laws and norms that constitute and govern the world's most powerful office. It's hard to imagine two better co-authors for the task. Both served in senior executive branch positions-in the administrations of Barack Obama and George W. Bush, respectively-and have written widely on the presidency. Bob Bauer served from 2010-2011 as White House Counsel to President Barack Obama, who in 2013 named Bauer to be Co-Chair of the Presidential Commission on Election Administration. He is a Professor of Practice and Distinguished Scholar in Residence at New York University School of Law, as well as the co-director of its Legislative and Regulatory Process Clinic. Jack Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003. He is the Learned Hand Professor at Harvard Law School, co-founder of Lawfare, and a Senior Fellow at the Hoover Institution. Together, in this book, they set the terms for the national discussion to come about the presidency, its powers, and its limits.

Speaking the Law

by Kenneth Anderson

Author	: Kenneth Anderson
Publisher	: Hoover Institution Press
Total Pages	: 500
Release	: 2015-05-01
Genre	: Political Science
ISBN	: 0817916563

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When Barack Obama came into office, the strategic landscape facing the United States in its overseas counterterrorism operations was undergoing a shift. Even before the rise of drones necessitated the articulation of legal doctrine, the Obama administration had to explain itself. In Speaking the Law, the authors offer a detailed examination of the speeches of the Obama administration on national security legal issues. Viewed together here for the first time, the authors lay out a broad array of legal and policy positions regarding a large number of principles currently contested at both the domestic and international levels. The book describes what the Obama administration has said about the legal framework in which it is operating with respect to such questions as the nature of the war on terrorism, the use of drones and targeted killings, detention, trial by military commission and in federal courts, and interrogation. The authors analyze this framework, examining the stresses on it and asking where the administration got matters right and where they were wrong. They conclude with suggestions for certain reforms to the framework for the administration and Congress to consider.

The Changing Face of Warfare in the 21st Century

by Gregory Simons

Author	: Gregory Simons
Publisher	: Routledge
Total Pages	: 452
Release	: 2017-07-20
Genre	: Political Science
ISBN	: 1317039009

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This study discusses salient trends demonstrated by contemporary warfare of these first years of the 21st century. The authors reinforce previous notions of Fourth Generation Warfare, but most importantly explore the workings of new components and how these have modified the theory and practice of warfare beyond the basic divisions of conventional and unconventional warfare as witnessed in the preceding century. Throughout history there has been a close interaction between politics, communication and armed conflict and a main line of investigation of this book is to track changes that are presumed to have occurred in the way and manner in which armed conflicts are waged. Using cogent examples drawn variously from conflicts of the Arab Spring, the Islamic State and Russian adventurism in South Ossetia, Crimea and Eastern Ukraine, the authors demonstrate the application of Information Warfare, the practice of Hybrid Warfare, and offensive use of diplomacy, communications, economics and international law to obtain political and military advantages against the status quo states of the international community. The authors combine a theoretical framework with concrete empirical examples in order to create a better understanding and comprehension of the current events and processes that shape the character of contemporary armed conflicts and how they are informed and perceived in a highly mediatised and politicised world.

The Living Presidency

by Saikrishna Bangalore Prakash

Author	: Saikrishna Bangalore Prakash
Publisher	: Harvard University Press
Total Pages	: 353
Release	: 2020-04-21
Genre	: Political Science
ISBN	: 0674245210

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A constitutional originalist sounds the alarm over the presidency’s ever-expanding powers, ascribing them unexpectedly to the liberal embrace of a living Constitution. Liberal scholars and politicians routinely denounce the imperial presidency—a self-aggrandizing executive that has progressively sidelined Congress. Yet the same people invariably extol the virtues of a living Constitution, whose meaning adapts with the times. Saikrishna Bangalore Prakash argues that these stances are fundamentally incompatible. A constitution prone to informal amendment systematically favors the executive and ensures that there are no enduring constraints on executive power. In this careful study, Prakash contends that an originalist interpretation of the Constitution can rein in the “living presidency” legitimated by the living Constitution. No one who reads the Constitution would conclude that presidents may declare war, legislate by fiat, and make treaties without the Senate. Yet presidents do all these things. They get away with it, Prakash argues, because Congress, the courts, and the public routinely excuse these violations. With the passage of time, these transgressions are treated as informal constitutional amendments. The result is an executive increasingly liberated from the Constitution. The solution is originalism. Though often associated with conservative goals, originalism in Prakash’s argument should appeal to Republicans and Democrats alike, as almost all Americans decry the presidency’s stunning expansion. The Living Presidency proposes a baker’s dozen of reforms, all of which could be enacted if only Congress asserted its lawful authority.

The Demagogue's Playbook

by Eric A. Posner

Author	: Eric A. Posner
Publisher	: Macmillan + ORM
Total Pages	: 158
Release	: 2020-06-30
Genre	: Political Science
ISBN	: 1250303028

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A New York Times Book Review Editor's Pick What Happens to Democracy When a Demagogue Comes to Power? "It is hard to imagine understanding the Trump presidency and its significance without reading this book.” —Bob Bauer, Former Chief Counsel to President Barack Obama What—and who—is a demagogue? How did America’s Founders envision the presidency? What should a constitutional democracy look like—and how can it be fixed when it appears to be broken? Something is definitely wrong with Donald Trump’s presidency, but what exactly? The extraordinary negative reaction to Trump’s election—by conservative intellectuals, liberals, Democrats, and global leaders alike—goes beyond ordinary partisan and policy disagreements. It reflects genuine fear about the vitality of our constitutional system. The Founders, reaching back to classical precedents, feared that their experiment in mass self-government could produce a demagogue: a charismatic ruler who would gain and hold on to power by manipulating the public rather than by advancing the public good. President Trump, who has played to the mob and attacked institutions from the judiciary to the press, appears to embody these ideas. How can we move past his rhetoric and maintain faith in our great nation? In The Demagogue’s Playbook, acclaimed legal scholar Eric A. Posner offers a blueprint for how America can prevent the rise of another demagogue and protect the features of a democracy that help it thrive—and restore national greatness, for one and all. “Cuts through the hyperbole and hysteria that often distorts assessments of our republic, particularly at this time.” —Alan Taylor, winner of the 2014 Pulitzer Prize for History

The Hacked World Order

by Adam Segal

Author	: Adam Segal
Publisher	: PublicAffairs
Total Pages	: 322
Release	: 2016-02-23
Genre	: Political Science
ISBN	: 161039416X

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For more than three hundred years, the world wrestled with conflicts that arose between nation-states. Nation-states wielded military force, financial pressure, and diplomatic persuasion to create "world order." Even after the end of the Cold War, the elements comprising world order remained essentially unchanged. But 2012 marked a transformation in geopolitics and the tactics of both the established powers and smaller entities looking to challenge the international community. That year, the US government revealed its involvement in Operation "Olympic Games," a mission aimed at disrupting the Iranian nuclear program through cyberattacks; Russia and China conducted massive cyber-espionage operations; and the world split over the governance of the Internet. Cyberspace became a battlefield. Cyber conflict is hard to track, often delivered by proxies, and has outcomes that are hard to gauge. It demands that the rules of engagement be completely reworked and all the old niceties of diplomacy be recast. Many of the critical resources of statecraft are now in the hands of the private sector, giant technology companies in particular. In this new world order, cybersecurity expert Adam Segal reveals, power has been well and truly hacked.