The Lawfare Podcast

Brian Finucane, a Senior Adviser at the International Crisis Group, and Matthew Waxman, a law professor at Columbia, dive into the complexities of U.S. war powers following recent military actions. They discuss the Biden administration's legal justifications for operations in the Middle East without new congressional approvals. The duo explores historical contexts of the War Powers Resolution, the risks of 'creative lawyering' by the executive, and potential reforms for better congressional oversight. Their insights reveal the ongoing tension between executive authority and legislative accountability in matters of war.

Pam Samuelson, the Richard M. Sherman Distinguished Professor of Law at UC Berkeley, discusses the intricate relationship between generative AI and copyright law. She breaks down key court rulings, such as Bartz v. Anthropic, highlighting the debates on transformative use and market harm. The conversation also explores the implications of market dilution theories in lawsuits against AI companies. With insights on the evolving legal landscape and the role of the U.S. Copyright Office, Samuelson sheds light on a rapidly changing and complex field.

Maia Woluchem leads Data & Society's Trustworthy Infrastructures program, with Livia Garofalo, an anthropologist, and Joan Mukogosi, a PhD candidate, discussing their research on AI data centers in Pennsylvania. They explore the state’s industrial legacy and the environmental impacts of these centers on local communities. The trio illuminates the tension between short-term job creation and long-term costs, highlights local priorities over national narratives, and shares insights from their community engagements during their fieldwork.

In this engaging discussion, co-hosts emeritus Benjamin Wittes, Shane Harris, Quinta Jurecic, and Alan Z. Rozenshtein dive into the impact of online subcultures on political violence, examining the dynamics behind radicalization. They analyze Russia's recent drone incursions into NATO territories and the implications for alliance security. The group also critiques the TikTok divestment law and its effects on the rule of law. To lighten the mood, they recommend compelling books and TV shows, including Shane's shout-out to the Emmy-winning 'Somebody Somewhere'.

Joel Braunold, managing director at the S. Daniel Abraham Center for Middle East Peace, alongside experts Dan Byman and Natan Sachs, dive deep into Israel's recent offensive in Gaza and airstrikes in Qatar. They discuss the humanitarian crisis resulting from the military operations and implications for regional stability. The conversation explores Netanyahu's political strategies, potential shifts in U.S.-Gulf-Israel relationships, and the complex dynamics of the Israeli-Palestinian conflict and its global repercussions.

Lee Gelernt, Deputy Director of the ACLU's Immigrants' Rights Project, dives into the legal battles against President Trump's Alien Enemies Act. He discusses a significant victory in the Fifth Circuit and ongoing litigation in D.C. The conversation touches on the importance of due process and judicial oversight in executive power. Gelernt also highlights the urgency of providing legal representation to detainees amid the complex intersection of national security and personal rights.

The discussion covers significant legal developments surrounding the Trump administration, including a Supreme Court ruling affecting the FTC Commissioner and the Second Circuit's $83 million judgment in E. Jean Carroll's case. The panel explores the politicization of the FBI, revealing a culture of ethical purges, and examines the complexities of presidential immunity and immigration law. They also touch on the implications of the Bolton hacking incident on national security and the challenges judges face amid political maneuvering.

Rachel Rizzo, a non-resident senior fellow at the Atlantic Council’s Europe Center, dives into the perspectives of Gen Z and Millennials on NATO. She discusses insights from the recent NATO Youth Summit and contrasts younger generations' views on foreign policy with those of older cohorts. Topics include the shifting priorities towards climate change and human security, and how NATO can better engage youth through innovative social media strategies. Rizzo even touches on pop culture, linking Taylor Swift and Olivia Rodrigo to modern geopolitical dialogue.

Brian Winter, the Editor-in-chief of Americas Quarterly and a seasoned journalist in Latin American affairs, dives into the intense atmosphere surrounding Brazil's 2022 presidential election. He discusses the fierce rivalry between Jair Bolsonaro and Lula da Silva, shedding light on the socio-political challenges and public sentiment shaped by the pandemic. The conversation escalates as Winter unpacks fears of an election crisis, including Bolsonaro's threats regarding the electoral process, and the potential consequences for Brazil's democracy and stability.

Steven Adler, a former OpenAI safety researcher and author of Clear-Eyed AI, joins Kevin Frazier to discuss the pressing state of AI safety. They dive into the urgent need for effective governance as AI technologies evolve and assess the competitive AI landscape between the US and China. Adler emphasizes the risks of AI misuse, particularly in cybersecurity, and advocates for comprehensive safety measures. The conversation also highlights the importance of transparency and cooperation among AI developers to ensure alignment with societal goals.