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17 Dec 2013, 7:05 am
On the one hand, the executive branch may presume discretion to decline enforcement in particular cases for case-specific reasons. [read post]
14 Dec 2013, 7:00 am
Ingrid examined why the SG’s argument on the constitutional power of the executive branch is both “expansive and unconvincing,” and John gave some reasons why the brief missed the mark. [read post]
9 Dec 2013, 5:00 am
Whereas today the Ministry Communications Branch has over 20 staff, his office contained exactly one, the excellent David Allen. [read post]
7 Dec 2013, 8:00 am
John looked at a proposed amendment that would change the Anti-Terrorism Act and create a “mini Alien Tort Statute. [read post]
6 Dec 2013, 7:37 am
But Secretary of State John Kerry is now on the defensive and trying to appease Israel. [read post]
5 Dec 2013, 1:39 pm
While the Supreme Court historically has afforded considerable deference to the immigration bureaucracy in the interpretation and application of the U.S. immigration laws, it has not blindly deferred to the executive branch. [read post]
2 Dec 2013, 9:36 am
To be sure, the executive branch currently represents that it has “agreed” not to do so. [read post]
28 Nov 2013, 11:43 am
(Randy Barnett) Last week, I joined with Michael Ramsey (San Diego) Michael Rappaport (San Diego), Chris Green (Mississippi), Gary Lawson (Boston University), John McGinnis (Northwestern) and Todd Zywicki (George Mason) on an amicus Brief of Originalist Scholars in NLRB v. [read post]
28 Nov 2013, 4:24 am
Second, during the era of Federalist government, Madison expressed anxieties with what he saw as excesses of federal power under Treasury Secretary Alexander Hamilton and President John Adams—and grave concerns with civil liberties abuses in the name of security. [read post]
26 Nov 2013, 5:07 pm
(While it figures in Mike Rappaport’s pathbreaking article on the Clause, for example, it did not make the cut for co-blogger John Elwood’s “Recess Appointments Reading List” last April.) [read post]
26 Nov 2013, 12:48 pm
According to Senator John McCain, the report confirms that the "cruel, inhuman, and degrading treatment of prisoners" is "a stain on our country's conscience." [read post]
26 Nov 2013, 4:00 am
Many had hoped that the LETR would lead to similar innovation here, but the jury is currently out on the likelihood of any root and branch reforms. [read post]
25 Nov 2013, 7:24 am
Legal Process Theories --John Hart Ely, Democracy and Judicial Review, 28 Stanford Lawyer 3-9 (Spr. [read post]
23 Nov 2013, 3:08 pm
Legal Process Theories --John Hart Ely, Democracy and Judicial Review, 28 Stanford Lawyer 3-9 (Spr. [read post]
23 Nov 2013, 12:29 pm
If no Nixon, then no Watergate, and no resulting miasma created by the implosion of the executive branch, the final degradation of which being President Ford’s unconditional pardon of Nixon for his “high crimes and misdemeanors. [read post]
23 Nov 2013, 7:00 am
Steven Bradbury, Joel Brenner, Michelle Richardson (ACLU), Paul Rosenzweig, and John Yoo discussed cybersecurity. [read post]
22 Nov 2013, 11:01 am
If no Nixon, then no Watergate, and no resulting miasma created by the implosion of the executive branch, the final degradation of which being President Ford’s unconditional pardon of Nixon for his “high crimes and misdemeanors. [read post]
21 Nov 2013, 11:10 am
(John Elwood) Although most of the coverage of the Senate Rules change has concerned the immediate effect on the composition of the D.C. [read post]
20 Nov 2013, 10:57 am
Thomas], the Nov. 13 opinion by Court of Appeals Judge Lisa Branch, joined by Chief Judge Herbert Phipps and Judge John Ellington…sided with Waterscape, ruling that Butler and his clients could not appeal the disqualification order at this point in the litigation. [read post]
20 Nov 2013, 10:57 am
Thomas], the Nov. 13 opinion by Court of Appeals Judge Lisa Branch, joined by Chief Judge Herbert Phipps and Judge John Ellington…sided with Waterscape, ruling that Butler and his clients could not appeal the disqualification order at this point in the litigation. [read post]
