Ban Pay-to-Play National Security Approvals Allowing this unprecedented practice to continue risks making the United States both economically weaker and less safe.

"Congress must right the ship by banning the government from demanding and companies from providing payments to the government for national security-related approvals to conclude transactions, export products, or receive licenses," write Ashley Deeks and @keichensehr.bsky.social.

Ban Pay-to-Play National Security Approvals Congress must ban payment for national-security related approvals and prohibit companies from making these payments.

New from me and Ashley Deeks: "Ban Pay-to-Play National Security Approvals": Congress needs to prohibit the government from demanding, and companies from making, payments to secure national security approvals.

Thanks to @justsecurity.org & @lawfaremedia.org.

www.justsecurity.org/134828/ban-p...

Abstract for law review article.

New from me & Ashley Deeks: “National Security and the New Command Economy” addresses the central role companies now play in U.S. national security, the serious risks posed to public law values, and ways Congress and others can mitigate the risks. Comments welcome! papers.ssrn.com/sol3/papers....

Case excerpt

Case footnote excerpt

Thanks, Josh! The 9th Circuit in Sierra Club v. Trump, 977 F3d 853–a border wall case—actually did cite it to narrowly construe a statute after a vetoed joint resolution. One court down, many to go …

Thanks to @sranderson.bsky.social and @lawfaremedia.org for a great discussion! For those interested in reading more, the full article is available at harvardlawreview.org/print/vol-13...

Abstract for "Federalism and the New National Security" article

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!

Your brilliance is exceeded only by your generosity. Such an honor and pleasure to be your coteacher, coauthor, and friend!

Abstract for article on "Federalism and the New National Security"

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...

Welcome to Executive Functions Today we begin this (free) Substack newsletter, Executive Functions, devoted to coverage of presidential and broader executive power issues.

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.

Many thanks to the excellent VLR editors for all of their work on the article!

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 Beijing ordered companies around the world not to allow critical minerals mined in China to reach the U.S., while deepening its efforts to replace imports with domestic products.

"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.”

Exclusive | China Is Studying Russia’s Sanctions Evasion to Prepare for Taiwan Conflict An interagency group set up in the wake of the Ukraine invasion has been reporting back to Beijing with lessons it can use in case of war and Western penalties.

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.

China Has a New Playbook to Counter Trump: ‘Supply Chain Warfare’ A series of swipes at American companies show how China could take the initiative in a new trade war, using its economic dominance to exact pain.

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 century later, a taped message solves the mystery of a WWI doughboy’s death I wrote about my great-uncle Foster Stevens, who was killed nine days before the Nov. 11, 1918, armistice that ended World War I. Now we know about the man who was with him when he died.

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

Frictionless Government and the National Security Constitution On the benefits of friction in foreign-affairs policymaking. Part of a Symposium on Harold Hongju Koh's "The National Security Constitution."

New from me and Ashley Deeks: “Frictionless Government and the National Security Constitution”

www.justsecurity.org/104255/frict...