Search for: "Marty Lederman"
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3 Jan 2012, 6:49 am
Marty Lederman and Steve Vladeck provide a comprehensive analysis at Opinio Juris (Part I is here and Part II here). [read post]
15 Nov 2013, 3:42 am
United States, which Matt Danzer summarizes here, offers more guidance on the First Amendment and terrorism than Ben and the always-thoughtful Marty Lederman have suggested. [read post]
2 Jul 2013, 7:32 am
At this blog, Marty Lederman discusses the impact of last week’s decision in United States v. [read post]
25 May 2011, 10:05 am
In addition to Marty Lederman's post on the bin Laden targeting below (great to have him back in the blogosphere!) [read post]
18 Jun 2020, 1:32 pm
Jack Goldsmith & Marty Lederman at Just Security; it's a factually and legally complicated area, which I don't know enough about, but on which they are experts. [read post]
9 Nov 2017, 3:58 am
At Balkinization, Marty Lederman takes a close look at last week’s cert petition in Hargan v. [read post]
24 Jun 2009, 6:16 am
I've been following developments in Guantanamo and related counterterrorism detention and trial issues for a while (e.g. here and there), and am from that part of the academic universe still mourning Marty Lederman's departure from the blogosphere.With rumors now flying fast and furious that the erstwhile senatorial trio of Graham, Levin, and McCain are hoping (against hope) that the third time will be the charm on legislative efforts to resolve the mess at Guantanamo, it… [read post]
12 Sep 2014, 4:47 am
(For a different view, see Marty Lederman’s post.) [read post]
26 Jul 2007, 7:56 pm
And think of this, as reported by Marty Lederman: [A]t the Senate Judiciary hearing this week, Senator Durbin . . . asked the AG, in particular, whether it would be legal for a foreign government to subject nonuniformed U.S. personnel to five particular interrogation techniques -- "painful stress positions, threatening detainees with dogs, forced nudity, waterboarding and mock execution. [read post]
2 Jul 2007, 3:58 pm
In today's Wall Street Journal, Jess Bravin has this front page article (subscription req'd) on the shift toward limited access and judicial restraint; Linda Greenhouse had this in-depth piece discussing key rulings, reviewing the Term and describing "the Supreme Court that conservatives had long yearned for and that liberals feared" in yesterday's New York Times; Marty Lederman responds to her article (and notes a few exceptions) here at Balkinization. [read post]
12 Jun 2015, 6:51 am
Marty Lederman has a series of four posts on the case at Just Security, where he discusses “the Chief Justice’s dissenting opinion, and the question of whether, and to what extent, Zivotofsky is a departure from the Court’s historical jurisprudence”; whether and how Menachem Zivotofsky had standing to bring his lawsuit; the “three important propositions” on which eight of the nine Justices actually agreed; and Justice Thomas’s… [read post]
20 May 2007, 9:57 am
One of the things that both Marty Lederman and Doug Kmiec agree on is that the President is authorized to disagree with--and thus, presumably, to "override"--OLC opinons that he/she objects to. [read post]
28 May 2015, 11:17 am
The following day, in a post over at Just Security on the “end of war” dispute in that case, Marty Lederman highlighted the crux of the debate between the US government and attorneys for Al Warafi on whether or not international law now requires his release. [read post]
8 Sep 2015, 4:00 am
Marty Lederman has extensive analysis of this motion as well.Mic reports that conservative politicians are drawing analogies to the civil rights movement. [read post]
18 Nov 2015, 4:59 am
As I have suggested in the past, and as Marty Lederman explains in detail (in the third of an important three-part post), a lot of legal and practical hurdles would need to be overcome before the President could effect a move of the detainees to the United States. [read post]
6 Nov 2008, 6:11 pm
... [read post]
29 Mar 2013, 5:20 pm
Marty Lederman says he'd originally thought there were 5: 1. no standing, 1. uphold Prop 8 on the merits, 3. reject Prop 8 in a way that relates only to California, 4. reject Prop 8 in a way that would also require gay marriage in the 8 states that have civil unions for gay couples, and 5. find a constitutional right to same-sex marriage that would apply throughout the country. [read post]
23 Mar 2013, 12:30 am
Magliocca and my Georgetown Law colleague Marty Lederman, who provided me with this link to Felix Frankfurter and Thomas Corcoran's draft and this link to the final text, were struck by what Marty calls FDR's "swagger, disdain and passion," in what is, in effect, "a victory lap," notwithstanding the defeat of the Court-packing plan. [read post]
21 Apr 2013, 4:15 pm
As a practical matter, as Marty Lederman has suggested elsewhere, it is quite unlikely that Dzhokhar Tsarnaev is unaware that he has a right to remain silent, either because of his knowledge of American culture or because his alleged terrorism-masters in Chechnya would surely have had the wit to say (something like) "if you're captured, remember that those wimp Americans will accord you a right to remain silent." [read post]
21 Jun 2007, 2:32 pm
A discussant of Marty Lederman's most recent post, on McNulty's testimony, asks, I assume rhetorically, "Can anyone identify the crime that was committed in the firings of the attorneys? [read post]
