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8 Jun 2018, 7:20 am by Marty Lederman
  Or before we consider the traditional practice of DOJ to defend the constitutionality of statutes when reasonable arguments are available:  None of the established reasons for deviating from that practice (which I discussed in this post, about why it was not necessarily problematic that Acting Solicitor General John Roberts attacked the constitutionality of statutes in Metro Broadcasting) are remotely applicable here.But it gets worse . . . .The Government’s Implausible… [read post]
7 Jun 2018, 1:13 pm by Victoria Clark
Robert Chesney and Steve Vladeck reviewed war powers, Doe v. [read post]
7 Jun 2018, 4:13 am by Lawrence B. Ebert
Further, notwithstanding Robert Shaw's text in the movie Jaws, it is not clear "how many" live survivors (as opposed to dead ones) were consumed by sharks. [read post]
6 Jun 2018, 9:00 am by Josh Blackman
Or what if it doesn’t matter what Congress intended? [read post]
6 Jun 2018, 7:15 am by Ilya Somin
I am a professional property and constitutional law scholar, and I can't fathom it either. [read post]
5 Jun 2018, 12:13 pm by Curtis Bradley, Jack Goldsmith
Here are some highlights from that history: The national-interests test appears to have originated in dicta in Attorney General Robert Jackson’s 1941 opinion, Training of British Flying Students in the United States, 40 Op. [read post]
5 Jun 2018, 11:41 am by Will Baude
On that view, Hughes may not have been a good case to use the predictive model, but that doesn't necessarily mean there's no good case for it. [read post]
4 Jun 2018, 10:22 am
Roberts, Jr., issued a report recommending measures to improve workplace conduct policies and procedures in the federal Judiciary. [read post]
4 Jun 2018, 8:27 am by Rebecca Tushnet
Post: as a practical matter, you can always sue and draw a judge who won’t do the right thing. [read post]
4 Jun 2018, 4:53 am by SHG
You can believe whatever you want, but it doesn’t change the fact that platitudes aren’t law no matter how easily they fit into a twit or a New York Times op-ed. [read post]