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15 Jan 2020, 11:41 am by Jonathan Shaub
McConnell’s argument is that those procedures were adopted by unanimous vote for the Clinton impeachment and that precedent should be followed here. [read post]
7 Jan 2020, 9:58 pm by David Super
     All this radically differs from the all-powerful image that many people have of Senator McConnell. [read post]
As former Justice Benjamin Curtis, who dissented in Dred Scott v. [read post]
23 Dec 2019, 1:19 pm by David Kris
With a few more days to read the inspector general’s Crossfire Hurricane report and watch the C-SPAN video of his congressional testimony (and listen to the no-bull version on Lawfare), I have five additional observations beyond those set out in a series of tweets on the day the report was released, discussions on the Lawfare podcast the following day, and conversations with NPR, the New York Times, and the Wall Street Journal. [read post]
19 Dec 2019, 10:28 am by Jeff Kosseff
Until a few years ago, few people outside of tech policy circles knew much about those 26 words, which are better known as the key part of Section 230 of the Communications Decency Act. [read post]
16 Dec 2019, 4:00 am by Noel Semple
However performance in Simulated Client exercises DO predict this Simulated clients, who are lay people, are DISRUPTIVE, demonstrating the “cognitive poverty of conventional law school assessment. [read post]
4 Dec 2019, 9:00 am by Masha Simonova
” In fact, Clinton’s defense lawyers never raised the clear statement rule argument. [read post]
29 Nov 2019, 5:55 am by Andrew Koppelman
  I explore that possibility in my next book, forthcoming this spring from Oxford:  Gay Rights v. [read post]
8 Nov 2019, 3:00 am by Jim Sedor
Some of those very people, however, said Esposito’s claims are greatly embellished, or simply not true. [read post]
31 Oct 2019, 5:59 am by Jonathan Shaub
If you think of a “legal” doctrine as a rule according to which people adhere their behavior and pursuant to which parties can resolve disputes, executive privilege has not been a legal doctrine at all. [read post]
We also looked at Office of Legal Counsel memoranda dealing with various narrow impeachment-related questions from the Clinton administration. [read post]
24 Oct 2019, 9:52 am by Melanie Fontes
As the Supreme Court made clear in Nixon v. [read post]
13 Oct 2019, 7:20 pm by Second Circuit Civil Rights Blog
To her left is Justice Breyer, a Clinton appointee who once wrote a book about how the Constitution should be interpreted to advance the cause of democracy. [read post]