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1 Dec 2014, 6:55 am
Links to the collected posts, from a range of scholars — including Bruce Ackerman, Marty Lederman, Gillian Metzger, and Zach Price, among others — can be found here. [read post]
26 Nov 2014, 2:42 pm
Marty Lederman, Even if it’s lawful . . . should we be concerned that it sets a dangerous precedent? [read post]
26 Nov 2014, 2:15 pm
Accordingly, we are not fully persuaded by the one theory of scope that emerges from the OLC opinion and that Steve Legomsky and Marty Lederman have made more explicit. [read post]
25 Nov 2014, 6:30 am
” (This in-the-weeds slipperiness is why I am not at all confident that the precedent can be confined in the way, for example, that Marty Lederman opines.) [read post]
24 Nov 2014, 10:30 am
As Marty Lederman notes, rather than asserting inherent presidential power, OLC’s assessed DHS’s proposed actions entirely through the prism of delegated statutory authority. [read post]
23 Nov 2014, 1:15 pm
At its heart, it’s not an interpretation of the INA, as Marty Lederman contends, but an end-run around statutory limits. [read post]
20 Nov 2014, 8:49 pm
Here, via Marty Lederman, is the opinion of the Office of Legal Counsel underlying President Obama’s new ‘deferred action policy’ on certain classes of undocumented immigrants. [read post]
17 Nov 2014, 3:35 am
And Marty Lederman discusses the same argument at Just Security. [read post]
14 Nov 2014, 8:00 am
In any event, I’d originally read this piece sometime in law school (thanks to Marty Lederman), but the piece was sufficiently old and, I guess, obscure that it didn’t pop up even in Google or Westlaw. [read post]
11 Nov 2014, 6:25 am
So I’m going to briefly survey the common ground, and then dwell a little on the areas in which I part company with the scholars—Steve Vladeck, Ryan Goodman, Rosa Brooks, Sarah Cleveland, Jen Daskal, Walter Dellinger, Harold Koh, and Marty Lederman—who put the Just Security document together. [read post]
3 Nov 2014, 4:39 am
Commentary on the case comes from Akiva Shapiro in The Wall Street Journal (subscription required), Garrett Epps for The Atlantic, Eugene Kontorovich of The Volokh Conspiracy (parts one and two), Marty Lederman at Just Security, Jack Goldsmith at Lawfare, Michael Ramsey at The Originalism Blog, Gershom Gorenberg in The American Prospect, and Peter Spiro at Opinio Juris. [read post]
2 Nov 2014, 3:30 am
A quick response to Marty Lederman’s latest post on Zivotosfsky. [read post]
1 Nov 2014, 6:10 am
Naz Modirzadeh finished her debate with Marty Lederman over the consequences of merging distinct LOAC and human rights legal doctrines. [read post]
31 Oct 2014, 4:31 am
” At Just Security, Marty Lederman reacts to both posts, concluding that the federal government and Goldsmith “probably have the better of the argument here. [read post]
31 Oct 2014, 4:21 am
Indeed, part of the passport says, as Marty Lederman emphasizes, “The Secretary of State of the United States of America hereby requests all whom it may concern to permit the citizen/national of the United States named herein to pass without delay or hindrance and in case of need to give all lawful aid and protection. [read post]
31 Oct 2014, 3:57 am
Marty Lederman joins into my discussion with Jack Goldsmith about the Art. [read post]
30 Oct 2014, 8:48 pm
And today at "Just Security," Marty Lederman has a post titled "The Article I argument in Zivotofsky. [read post]
29 Oct 2014, 5:54 am
” In particular, I think the debate between Modirzadeh and Professor Marty Lederman actually underscores one of her central insights, which is that those who constantly and fervently profess their fealty to international law can actually pose the greatest challenge to the international legal system. [read post]
26 Oct 2014, 5:00 pm
Marty Lederman and I have been engaged in a debate over the past few weeks, and last Monday he wrote a lengthy and thoughtful “Monday Reflection” over at Just Security concerning some of my arguments here at Lawfare and in my article, Folk International Law. [read post]
7 Oct 2014, 12:56 pm
” Others think waiting allows the Court, as Marty Lederman said, to “write against the backdrop of a nation with tens or hundreds of thousands of gay marriages, and families, and the sky not having fallen” when it finally does take a case. [read post]
