I just posted a short piece to SSRN entitled, “Checks and Balances from Abroad.” The piece, written for a University of Chicago Law School symposium on national security, technology, and the separation of powers, engages claims about how “unfettered” the President really is in the national security arena. I argue that this line of analysis has failed to account for acts by foreign leaders, corporations, litigants, and peer intelligence services that either trigger our own domestic checks and balances (and thus produce constraints on the Executive) or simulate comparable effects in our system.

Ashley S. Deeks, Checks and Balances from Abroad, Lawfare (August 4, 2015).