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22 Jan 2013, 10:56 am
I’ve excised the citations in the quote that follows: “Generally speaking, when confronting a constitutional flaw in a statute, we try to limit the solution to the problem,” severing any “problematic portions while leaving the remainder intact. [read post]
21 Jul 2021, 8:03 am
Janine Hiller, for example, praised Microsoft’s “active leadership” in developing a “civil legal strategy to disrupt botnets” that has become a “powerful tool to fight cybercrime globally. [read post]
2 Mar 2024, 9:18 am
While prior legislation contained limited references to criminal mediation – prohibiting it in gender violence cases and allowing it in juvenile justice – the subsequent implementation of the Victims’ Statute in 2015 explicitly mentioned the incorporation of restorative justice mechanisms into the criminal field. [read post]
27 May 2020, 6:31 am
The executive branch believes that the Computer Fraud and Abuse Act (CFAA) does not apply to otherwise-authorized, military cyber activity, and the Supreme Court’s forthcoming decision on the CFAA in Van Buren v. [read post]
30 Jul 2013, 4:30 am
Second, there is the danger that the Executive Branch would use its expanded intelligence powers to gather information on political opponents, its Congressional overseers and even the Judiciary to blackmail them into submission. [read post]
16 Mar 2023, 1:34 pm
In 1988 and 1994, Congress amended IEEPA to further limit presidential power. [read post]
23 Jan 2023, 5:31 am
In fact, in cases of national emergency, when a president has the broadest and strongest powers, Congress reserves the right to limit free expression and withholds that authority from the president. [read post]
8 Jul 2019, 9:01 pm
Sometimes, the President or his advisors may be the real moving force, and it may be politically opportune to suggest that the initiative came from another source.Because of the risk that review for pretext will result in litigation designed simply to stall agency action, and the ability of courts in most cases to implement the APA’s reasoned decision-making requirement without having to unearth the “real” reason for agency action, we should treat Department of Commerce as a… [read post]
9 Jun 2017, 7:22 pm
Johnson, which the government cites as limiting the power of courts to grant injunctions against the President. [read post]
16 Jan 2024, 12:57 pm
Mandatory Equity Issuances as a First-Best Solution to Punishing Corporate Misconduct Univ. [read post]
17 Jul 2019, 5:13 am
Consequently, power remains dispersed and each agency continues to enjoy discretion in implementing EO 12333. [read post]
20 May 2019, 10:55 am
“[D]efining facially-lawful exercises of Executive discretion as potential crimes, based solely on subjective motive,” he argued, “would violate Article II of the Constitution by impermissibly burdening the exercise of core discretionary powers within the Executive branch. [read post]
4 Dec 2018, 12:57 pm
” Deputy Attorney General Rod Rosenstein is among those reported to have been engaged in such discussions. [read post]
15 Jul 2019, 4:54 am
Since it took effect in 2018, the General Data Protection Regulation (GDPR) has become one of the toughest data privacy regimes in the world. [read post]
29 May 2009, 2:27 pm
Solicitor General’s brief in opposition in Kiyemba, et al., v. [read post]
9 Feb 2021, 12:55 pm
Meanwhile, U.S. trade instruments are limited, outmoded and even counterproductive when it comes to pursuing national security ends. [read post]
20 Jan 2015, 9:00 pm
Where do they obtain this power? [read post]
20 Jan 2015, 9:00 pm
Where do they obtain this power? [read post]
15 Aug 2019, 12:28 pm
As a general matter, it’s hard to see how driving an interagency process to develop a strategy for a key presidential initiative—which usually means, t [read post]
3 Feb 2017, 8:10 pm
And of course, such great assertions of power—an aggressive understanding of separation of powers, will inevitably bump into that great barrier to the assertion of such unitary power—the principle of checks and balances built into the structure of the federal constitution. . . . unless the coordinate branches concede, and with it concede the form of the Republic’s design. [read post]
