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6 May 2020, 3:49 am by Edith Roberts
Patent and Trademark Office v. [read post]
25 Mar 2020, 10:38 am by Jack Goldsmith, Ben Miller-Gootnick
An analogous situation could soon arise with the Presidential Succession Act of 1947, now codified at 3 U.S. [read post]
16 Mar 2020, 6:30 am by Guest Blogger
For example, in Planned Parenthood v. [read post]
19 Feb 2020, 9:01 pm by Neil H. Buchanan
He has made it clear again and again that he views the presidency—when he holds it, that is—as nothing less than an autocracy, where he has the “absolute right” to do anything that strikes his fancy.As far back as June 2016, I wrote a column here on Verdict warning that Trump’s candidacy foretold “the Beginning of the End of Constitutional Democracy in the U.S. [read post]
6 Feb 2020, 11:11 am by Jeh Johnson
So today my remarks will focus on war powers—specifically the president’s ability to commit the U.S. armed forces into some level of hostilities without congressional authorization. [read post]
4 Feb 2020, 7:13 am by Kalvis Golde
At the Chicago Daily Law Bulletin (subscription required), Daniel Cotter looks to past precedent in U.S. v. [read post]
27 Jan 2020, 9:45 am by Jonathan Shaub
George Washington, for example, withheld some sensitive diplomatic letters between the U.S. minister to France and the French government because the information they contained, if disclosed, could adversely affect the relationship between the U.S. and France. [read post]
16 Jan 2020, 12:16 pm by Hilary Hurd
The earliest of these cases involved Judge John Pickering (1804, U.S. [read post]
15 Jan 2020, 11:41 am by Jonathan Shaub
Under well-established principles underlying the U.S. judicial system, by analogy, a motion to dismiss should address only questions of law, not questions of fact—in this case, the question of whether the actions the president is alleged to have committed rise to the level of a high crime and misdemeanor. [read post]