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12 Mar 2015, 11:32 am
ICYMI: Yesterday, on Lawfare Jack Goldsmith and Marty Lederman argued that there really isn’t a serious question as to the President’s authority to reach a nuclear agreement with Iran, given that the agreement is probably going to be non-binding under international law. [read post]
12 Mar 2015, 5:37 am
” However, in my post with Marty Lederman, I also noted that “an entirely different set of arguments and concerns might come into play if the parties were to sign a non-binding agreement that becomes the basis for a legally binding Security Council Resolution. [read post]
11 Mar 2015, 5:33 pm
Jack Goldsmith (Harvard) and Marty Lederman (Georgetown) in a very interesting post at Just Security. [read post]
11 Mar 2015, 5:18 pm
Marty Lederman (Georgetown): [S]uch communications by legislators with foreign officials — including communications with our adversaries, and sometimes expressing views contrary to those of the Executive branch — are nothing new. [read post]
9 Mar 2015, 8:02 am
[Thanks to Marty Lederman vial Religionlaw for the lead.] [read post]
7 Mar 2015, 10:15 am
The first, emphasized by Marty Lederman, holds that any ambiguities in interpretation of the law should resolved in favor of the government in order to adhere to the Supreme Court’s rule that federal statutes must be construed to avoid interpretations that upset “the usual balance” between federal and state power. [read post]
6 Mar 2015, 7:18 am
” At Balkinization, Marty Lederman discusses and addresses Justice Kennedy’s concerns about coercion, while elsewhere at Balkinization, Brianne Gorod suggests that, “[a]lthough most of the questions that Justice Alito asked were critical of the government’s position, one actually helps demonstrate why the government should prevail. [read post]
3 Mar 2015, 8:15 pm
(The post also references Professor Gluck’s January 27 Politico article summarizing that argument, and Professor Marty Lederman’s March 2 post on Balkinization to similar effect.)The gist of their argument is that: “We’re not afraid to acknowledge Gluck’s . . . federalism argument; we just think it’s wrong on the merits. [read post]
3 Mar 2015, 7:56 am
’” Bond slip op. at 12 (quoting Gregory, 501 U.S. at 460).The Galen Institute attorneys write: "Georgetown’s Marty Lederman asserted on the Balkinization blog yesterday that 'the challengers entirely ignore' the federalism argument. [read post]
3 Mar 2015, 6:27 am
” Similarly, Georgetown’s Marty Lederman asserted on the Balkinization blog yesterday that “the challengers entirely ignore” the federalism argument. [read post]
3 Mar 2015, 3:36 am
Commentary comes from Marty Lederman at Balkinization, Jeffrey Toobin in The New Yorker, Nicholas Bagley in The New York Times, Robert Schlesinger at U.S. [read post]
2 Mar 2015, 11:00 pm
(To his credit, Marty Lederman may have been the first to identify the significance of the focus on the Armed Forces, but that was not until many years later in January 2005.) [read post]
27 Feb 2015, 10:00 am
Last year’s agenda: Below is the agenda from last year’s event, which will give you at least a general sense of the structure we intend to follow for this year’s event: Thursday May 15th 0845-0945: Roundtable #1: Covert & Clandestine Activity Lead discussants: Bobby Chesney (UT) & Marty Lederman (Georgetown) 0945-1030: Paper #1: Intelligence Oversight Paper by Margo Schlanger (Michigan); Commentary by Shirin Sinnar (Stanford) 1030-1045: Coffee Break… [read post]
26 Feb 2015, 7:00 am
Prepared Testimony of Robert Chesney Charles I. [read post]
26 Feb 2015, 7:00 am
Prepared Statement of Benjamin Wittes Senior Fellow at the Brookings Institution before the House Committee on Armed Services “Outside Perspectives on the President’s Proposed Authorization for the Use of Military Force Against the Islamic State of Iraq and the Levant” February 26, 2015 Thank you Chairman Thornberry, Ranking Member Smith, and members of the committee for inviting me to present my views on the President’s proposed Authorization for the Use of Military Force… [read post]
20 Feb 2015, 8:00 am
As Jack, Ryan, and Marty Lederman have all documented in different respects, the Administration draft’s definition of “associated forces” is far broader than any interpretation that has previously been offered by the U.S. government. [read post]
12 Feb 2015, 9:50 am
Some follow-ups to my earlier post on the administration’s ISIL-specific AUMF: Marty Lederman has a good analysis of the substance of the draft AUMF that is consonant with my analysis. [read post]
3 Feb 2015, 5:17 am
(Although Nashiri has arguments under both the Appointments Clause and the Commander-in-Chief Clause, the latter are far weaker, as Marty Lederman has explained. [read post]
31 Jan 2015, 10:30 am
” Also, Marty Lederman has a good analysis of the difficulties of applying perfidy in a non-international armed conflict, in the context of the al-Nashiri case, here. [read post]
7 Dec 2014, 8:10 am
For a detailed analysis of the merits of that issue, see Marty Lederman’s exhaustive post from October. [read post]
