Now out in the December issue of the Harvard Law Review: "Federalism and the New National Security" with Ashley Deeks of @uvalaw.bsky.social. The abstract is below, and the full article is available at harvardlawreview.org/print/vol-13.... Thanks to HLR's editors for all of their hard work!

New from me and Ashley Deeks: "Federalism and the New National Security." Forthcoming with the Harvard Law Review. Comments welcome! papers.ssrn.com/sol3/papers....

"The U.S. Needs More Disagreement on National Security Policy" w/@uvalaw.bsky.social colleague Ashley Deeks: thehill.com/opinion/5056.... Bottom line: "policies born of too much agreement, and too little dissent, bring their own risks," like escalating conflict & unlawfully targeting minority groups

Always a pleasure to talk with @lawfare.bsky.social and @sranderson.bsky.social! For those who may be interested, here's the article we discuss: virginialawreview.org/articles/fri...

Starting a new (free) substack today with Bob Bauer, called "Executive Functions." We're covering executive power issues in detail. Welcome here: executivefunctions.substack.com/p/welcome-to... Please subscribe here: executivefunctions.substack.com/subscribe First substantive piece tomorrow.

Now out in the Virginia Law Review: In "Frictionless Government and Foreign Relations," Ashley Deeks & I explain how foreign policy can go off the rails when too much agreement leads political & structural checks to break down--and how to avoid that fate. virginialawreview.org/articles/fri...

"China’s Critical Minerals Embargo Is Even Tougher Than Expected"--namely because it applies not just to the US, but "to companies in other countries that transfer minerals to American firms after acquiring them from China" www.nytimes.com/2024/12/09/b...

Helpful overview of how massive amounts of publicly available and hacked personal data + AI = huge increases in cybercrime and national security concerns--and how state and federal government agencies are trying to mitigate the threat.

1/ On Kash Patel and the Underappreciated Federal Vacancies Reform Act: A NYT article today about Trump nominees and Senate independence worries that Trump could “erode the Senate’s authority to pass judgment on nominees by,” among other things, “sidestepping it through recess appointments.”

Many countries are learning from the Russia case--both how to use economic tools of national security and how to insulate themselves against measures that might be imposed on them: www.wsj.com/world/china/...

Giving Thanks: Fred Schauer, https://buff.ly/3Z8GK72 - Follow the link for the LTB post. Here is the start: It is a Legal Theory Blog tradition for me to express my thanks and gratitude on Thanksgiving Day. This year my choice was especially clear.

Last time “the Chinese government took mostly symbolic and equivalent measures after U.S. tariffs and trade restrictions. This time, China is poised to escalate its responses … and could aim aggressive and targeted countermeasures at American companies.” www.nytimes.com/2024/11/27/b...

I wrote a book with Judge Jon Newman of the Second Circuit . . . “Written & Unwritten: The Rules, Internal Procedures, and Customs of the United States Courts of Appeals” . . . and it’s now out!

Reasons to worry about your neighbors’ cybersecurity: “‘you have an attacker that’s extremely far away and essentially broke into other organizations in the US in physical proximity to the intended target, then pivoted over Wi-Fi to get into the target network across the street,’ says Adair.”

A remarkable story about long-delayed closure and the power of friendship in horrible circumstances: wapo.st/4fQ6TOI

All in one: A Starter Pack of all the experts on our Board of Editors who've now joined Bluesky! #FollowFriday go.bsky.app/JsUapJR

What will Trump do with Biden's cyber agenda? Say goodbye to critical infrastructure security regulations, anti-spyware efforts, and AI safety, and say hello to more hacking against China. My new story for @wired.com: www.wired.com/story/trump-...

Skywriting!

Here's a National Security and Foreign Relations starter pack! go.bsky.app/AGqJL7Z

Hello, Bluesky! I'm going to start posting/interacting here more regularly. I've created a "Starter Pack" of legal experts and analysts to follow and learn from: go.bsky.app/KkfPPiN

OK - so here's a first go at a global tech and economic security starter pack - let me know who else go.bsky.app/QhUsZTG

go.bsky.app/DVWzYxf Work in progress

New from me and Ashley Deeks: “Frictionless Government and the National Security Constitution” www.justsecurity.org/104255/frict...

New from me and the great Ashley Deeks: “Frictionless Government and Foreign Relations” is forthcoming with the Virginia Law Review. Comments welcome! papers.ssrn.com/sol3/papers....

The law enforcement “coalition then used the group’s site to mimic its previous operation and begin leaking information about LockBit, posting a countdown timer for files still to come, including one teasing forthcoming information about the anonymous frontman for the gang.”

Yeah, there are going to be more SVR email breaches disclosed. Gift link. wapo.st/47Qi3yC

New paper with the brilliant @daniellecitron.bsky.social on “Resilience in a Digital Age.” It’s part of the @UChiLegalForum national security symposium. Comments welcome! papers.ssrn.com/sol3/papers....

Clerking for Justice O’Connor was a tremendous honor. Some thoughts here on her enduring legacy and how I’ll remember her. She will be deeply missed.