Lessons for the Next Twenty Years: What We’ve Learned in the Two Decades Since 9/11

LESSONS FOR THE NEXT TWENTY YEARS: WHAT WE’VE LEARNED IN THE TWO DECADES SINCE 9/11 A Note from Editor-in-Chief William C. Banks By any measure the terrorist attacks on the World Trade Center and the Pentagon on September 11, 2001 brought an immediate laser focus to the phenomenon of international terrorism. Though hardly new to… Continue reading Lessons for the Next Twenty Years: What We’ve Learned in the Two Decades Since 9/11

Replacing the “Sword of War” with the “Scales of Justice”: Henfield’s Case and the Origins of Lawfare in the United States

The United States government’s 1793 prosecution of Gideon Henfield represents the first instance of the lawfare engaged in by the fledgling government. Over the course of the decades that followed, criminal prosecution became a default selection for addressing national security threats. This article examines how the Washington Administration utilized law as a weapon to defend… Continue reading Replacing the “Sword of War” with the “Scales of Justice”: Henfield’s Case and the Origins of Lawfare in the United States

The National Security Council Legal Adviser: Crafting Legal Positions on Matters of War & Peace

Jennifer Marett investigates the little-known position of National Security Council Legal Advisor. Drawing on a wide range of historical material as well as interviews with several previous holders of the position, Marett traces its roles and responsibilities from inception through the current administration. She concludes by identifying several contemporary institutional challenges affecting this important intelligence… Continue reading The National Security Council Legal Adviser: Crafting Legal Positions on Matters of War & Peace