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4 Oct 2014, 6:50 am
Later, she responded to Marty Lederman’s critique of her article. [read post]
3 Oct 2014, 4:34 am
Marty Lederman has a thoughtful response over at Just Security to my post from yesterday. [read post]
23 Sep 2014, 5:16 am
” Briefly: The American Constitution Society recently hosted a preview (video here) of the October Term 2014, featuring (among others) Marty Lederman, who also sometimes contributes to this blog. [read post]
13 Sep 2014, 6:55 am
He also responded to Marty Lederman’s commentary on his earlier WPR-related posts. [read post]
12 Sep 2014, 11:54 am
Over at Just Security, Marty Lederman offers his own reactions to the 2001 AUMF theory. [read post]
12 Sep 2014, 9:34 am
Many academics have already grappled with the issue of whether the President has authority for this type of military action under domestic law, with most arguing that the President did not have authority under the Authorization to Use Military Force (AUMF) (see Deborah Pearlstein’s post on Opinio Juris and Marty Lederman’s and Jen Daskal’s posts on Just Security). [read post]
12 Sep 2014, 7:08 am
As Steve (on Lawfare), Marty Lederman (at Just Security), and Deborah Pearlstein (at Opinio Juris) have analyzed, in making this argument the Administration seems to suggest that ISIS is al Qaeda. [read post]
12 Sep 2014, 4:47 am
(For a different view, see Marty Lederman’s post.) [read post]
10 Sep 2014, 8:46 pm
For the administration to claim, as Marty Lederman reports here, that IS nonetheless remains subject to the 2001 AUMF both because of this past and because IS though now independent in some fashion claims to be the “true inheritor” of “bin Laden’s legacy” (and because AQAP and other AQ associated forces have made ambiguous statements, for whatever reason, applauding IS’s claims and achievements) is just stunning from a legal perspective. [read post]
9 Sep 2014, 6:16 am
” In connection with the latest WPR letter, Marty Lederman has a characteristically thoughtful and intelligent response to my post on this matter. [read post]
1 Sep 2014, 1:32 pm
Over at Balkinization, Georgetown law professor Marty Lederman explains why he thinks the Sixth Circuit’s interpretation of the statutory requirements is “untenable” and “disturbing. [read post]
29 Aug 2014, 6:24 am
Marty Lederman criticizes the court:A critical part of the majority's decision is based upon its conclusion that the evidence did not necessarily prove that the victims' religion was a but-for cause of the assaults. [read post]
26 Aug 2014, 4:23 am
Lyle Denniston covered the release for this blog; commentary and analysis come from Marty Lederman at Balkinization, Molly Duane at Hamilton and Griffin on Rights, Leland Beck at Federal Regulations Advisor, and Steven Mazie at The Economist’s Democracy in America blog. [read post]
11 Aug 2014, 11:49 am
(The fit—or the lack thereof—between the latter and the acts alleged has been an important and recurring feature of the case; Marty Lederman has an overview up today at Just Security.) [read post]
8 Aug 2014, 12:37 pm
” In his analysis of “the executive’s initial explanation of domestic law authority for the use of force in Iraq,” Marty Lederman appears to agree when he says: The only potential legal innovation or close legal question here will arise under U.S. constitutional law if and when the U.S. uses lethal force at Mount Sinjar in order to stop a “potential act of genocide. [read post]
5 Aug 2014, 6:31 am
FISA and Article III, More Generally Orin’s last point is, as I wrote in my response (and as Marty Lederman and I suggested back in November) the true elephant in the room: The possibility that FISA judges aren’t even exercising Article III power in the first place when they approve surveillance applications. [read post]
31 Jul 2014, 7:54 am
In our post from last November, Marty Lederman and I flagged the problem–and noted how “classic” FISA was initially predicated on the analogy to search warrants in criminal cases, which arguably don’t violate Article III because they are ancillary to subsequent judicial proceedings. [read post]
21 Jul 2014, 9:04 am
” At Balkinization, Marty Lederman looks at how the Court might approach the upcoming challenges under the Religious Freedom Restoration Act to the accommodations that the government has established for religious non-profits that object to providing access to birth control to their female employees. [read post]
16 Jul 2014, 10:51 am
This morning, Marty Lederman and I have posted a detailed analysis of Monday’s en banc D.C. [read post]
9 Jul 2014, 5:55 am
Marty Lederman has a long post on Balkinization criticizing this portion of Hobby Lobby (which he calls “the one (potentially) momentous aspect of Hobby Lobby. [read post]
