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Lawfare
Lawfare is the use of legal systems and institutions to damage or delegitimize an opponent, or to deter individual's usage of their legal rights.''Unrestricted Warfare''p. 55 The term may refer to the use of legal systems and principles against an enemy, such as by damaging or delegitimizing them, wasting their time and money (e.g. SLAPP suits), or winning a public relations victory. Alternatively, it may describe a tactic used by repressive regimes to label and discourage civil society or individuals from claiming their legal rights via national or international legal systems. This is especially common in situations when individuals and civil society use non-violent methods to highlight or oppose discrimination, corruption, lack of democracy, limiting freedom of speech, violations of human rights and violations of international humanitarian law. Etymology The term is a portmanteau of the words ''law'' and ''warfare''. Perhaps the first use of the term "lawfare" was in the 1 ...
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Lawfare Blog
''Lawfare'' is an American blog dedicated to national security issues, published by the Lawfare Institute in cooperation with the Brookings Institution. It has received attention for articles on Donald Trump's presidency. Background The blog was started in September 2010 by Benjamin Wittes (a former editorial writer for ''The Washington Post''), Harvard Law School professor Jack Goldsmith, and University of Texas at Austin law professor Robert Chesney. Goldsmith was the head of the Office of Legal Counsel in the George W. Bush administration's Justice Department, and Chesney served on a detention-policy task force in the Obama administration. Its writers include law professors, law students, and former George W. Bush and Barack Obama administration officials. Donald Trump ''Lawfare'''s coverage of intelligence and legal matters related to the Trump administration has brought the blog significant increases in readership and national attention. In January 2017, the website' ...
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Benjamin Wittes
Benjamin Wittes (born November 5, 1969) is an American legal journalist and Senior Fellow in Governance Studies at the Brookings Institution, where he is the Research Director in Public Law, and Co-Director of the Harvard Law School–Brookings Project on Law and Security. He works principally on issues related to American law and national security. Along with Robert M. Chesney and Jack Goldsmith, Wittes cofounded the ''Lawfare Blog''. Wittes is also a member of the Hoover Institution's Task Force on National Security and Law. Wittes is a frequent speaker on topics of detention, interrogation, and national security, before academic, government, policy, and military audiences. Early life and education Wittes was born in 1969 in Boston, Massachusetts. He attended a Jewish day school in New York City, and earned a Bachelor of Arts degree from Oberlin College in 1990. Career After a stint covering the United States Department of Justice and federal regulatory agencies for ''Legal ...
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Jack Goldsmith
Jack Landman Goldsmith III (born September 26, 1962) is an American legal scholar. He is a professor at Harvard Law School who has written extensively in the fields of international law, civil procedure, federal courts, conflict of laws, and national security law. He has been "widely considered one of the brightest stars in the conservative legal firmament." In addition to being a professor at Harvard, Goldsmith is a senior fellow at the Hoover Institution at Stanford University. He is a co-founder of the ''Lawfare Blog'' along with Brookings fellow Benjamin Wittes and Texas Law professor Robert M. Chesney. Education and career Goldsmith grew up the stepson of Charles "Chuckie" O'Brien, widely believed to have played a role in the disappearance of Jimmy Hoffa, former president of the International Brotherhood of Teamsters. Goldsmith attended and graduated from Pine Crest School in 1980. He matriculated and graduated from Washington & Lee University with a Bachelor of Arts, ''s ...
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Bobby Chesney
Robert M. "Bobby" Chesney is an American lawyer and the Dean of the University of Texas School of Law. He is the Charles I. Francis Professor in Law and the current associate dean for academic affairs. Chesney teaches courses relating to U.S. national security and constitutional law. He is also the director of the Strauss Center for International Security and Law. Chesney addresses issues involving national security and law, including matters relating to military detention, the use of force, terrorism-related prosecutions, the role of the courts in national security affairs and the relationship between military and intelligence community activities. He is a co-founder and contributor along with Benjamin Wittes and Jack Goldsmith to the ''Lawfare Blog''. He also co-hosts ''The National Security Law Podcast'' with fellow Texas law professor Stephen Vladeck. Career In addition to his post at the University of Texas School of Law, Chesney is also a non-resident senior fellow at the B ...
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SLAPP Suit
Strategic lawsuits against public participation (also known as SLAPP suits or intimidation lawsuits), or strategic litigation against public participation, are lawsuits intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. In a typical SLAPP, the plaintiff does not normally expect to win the lawsuit. The plaintiff's goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs, or simple exhaustion and abandons the criticism. In some cases, repeated frivolous litigation against a defendant may raise the cost of directors and officers liability insurance for that party, interfering with an organization's ability to operate. A SLAPP may also intimidate others from participating in the debate. A SLAPP is often preceded by a legal threat. SLAPPs bring about freedom of speech concerns due to their chilling effect and are often difficult to filter out and pe ...
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Legal System
The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. The science that studies law at the level of legal systems is called comparative law. Both ''civil'' (also known as ''Roman'') and ''common'' law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system. Civil law The source of law that is recognized as authoritative is codifications in a constitution or statute passed by legislature, to amend a code. While the concept of codification dates back to the Code of Hammurabi in Babylon ca. 1790 BC, civil law systems derive from the Roman Empire and, more p ...
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Joshua Mintz
Joshua David Mintz (born August 22, 1965 in Mexico City, Mexico) is a Mexican TV executive. Mintz has held leadership and production positions in the four most important Hispanic TV networks in the US and Mexico, having worked at Telemundo, Televisa, Univision and TV Azteca. Career Mintz began his career at Televisa in various technical and production positions. He was appointed general director of Broadcasting Stations in 1990, where he was responsible for operating four national networks, two international networks and Televisa's cable system in Mexico City. He was later appointed general director of logistics of Televisa San Angel. In 2000, Mintz joined Univision as director of drama production and participated in the design of their first novela studio in Miami. While at Univision, Mintz was executive producer of the Selena Vive! live special from Houston, TX, which became the highest-rated show in U.S. Hispanic television history at that time. In 2006, Mintz joined Azteca ...
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Genocide
Genocide is the intentional destruction of a people—usually defined as an ethnic, national, racial, or religious group—in whole or in part. Raphael Lemkin coined the term in 1944, combining the Greek word (, "race, people") with the Latin suffix ("act of killing").. In 1948, the United Nations Genocide Convention defined genocide as any of five "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group." These five acts were: killing members of the group, causing them serious bodily or mental harm, imposing living conditions intended to destroy the group, preventing births, and forcibly transferring children out of the group. Victims are targeted because of their real or perceived membership of a group, not randomly. The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displac ...
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Racism
Racism is the belief that groups of humans possess different behavioral traits corresponding to inherited attributes and can be divided based on the superiority of one race over another. It may also mean prejudice, discrimination, or antagonism directed against other people because they are of a different race or ethnicity. Modern variants of racism are often based in social perceptions of biological differences between peoples. These views can take the form of social actions, practices or beliefs, or political systems in which different races are ranked as inherently superior or inferior to each other, based on presumed shared inheritable traits, abilities, or qualities. There have been attempts to legitimize racist beliefs through scientific means, such as scientific racism, which have been overwhelmingly shown to be unfounded. In terms of political systems (e.g. apartheid) that support the expression of prejudice or aversion in discriminatory practices or laws, racist ideology ...
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Humanitarian Law
International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war (''jus in bello''). It is a branch of international law that seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities and by restricting and regulating the means and methods of warfare available to combatants. International humanitarian law is inspired by considerations of humanity and the mitigation of human suffering. It comprises a set of rules, which is established by treaty or custom and that seeks to protect persons and property/objects that are or may be affected by armed conflict, and it limits the rights of parties to a conflict to use methods and means of warfare of their choice. Sources of international law include international agreements (the Geneva Conventions), customary international law, general principles of nations, and case law. It defines the conduct and responsibilities of belli ...
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International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mutua ...
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United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmonizing the actions of nations. It is the world's largest and most familiar international organization. The UN is headquarters of the United Nations, headquartered on extraterritoriality, international territory in New York City, and has other main offices in United Nations Office at Geneva, Geneva, United Nations Office at Nairobi, Nairobi, United Nations Office at Vienna, Vienna, and Peace Palace, The Hague (home to the International Court of Justice). The UN was established after World War II with Dumbarton Oaks Conference, the aim of preventing future world wars, succeeding the League of Nations, which was characterized as ineffective. On 25 April 1945, 50 governments met in San Francisco for United Nations Conference ...
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