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31 Oct 2019, 5:59 am by Jonathan Shaub
But each largely makes four basic points: (a) The concept of executive privilege is hotly disputed; (b) there are very few relevant court cases and none that provide definitive answers; (c) there are a number of historical incidents, from the administration of George Washington to that of Barack Obama, that are of debatable—and contested—significance; and (d) the legal resolution of these highly disputed questions is likely of little practical significance. [read post]
30 Oct 2019, 4:16 pm by David Jensen
The absurd $400,000 salary for the Chair and the language allowing it should be removed (Section 125290.45. ( b) (4) ). [read post]
30 Oct 2019, 11:53 am by Gordon Ahl
Aditi Shah explored the impact of a recent Supreme Court ruling on whether detained immigrants can use a Rule 23(b)(2) class action to assert due process rights in court. [read post]
29 Oct 2019, 6:00 am by David Kris
The United States has chosen both Barack Obama and Donald Trump as president—the latter in an election aggressively attacked by Putin, who remains the leader of Russia. [read post]
28 Oct 2019, 3:31 am by Edith Roberts
In an op-ed for The New York Times, Benjamin Eidelson suggests that “[b]y resolving the case on narrow grounds, the justices could steer clear of the political fray and their own jurisprudential divisions. [read post]
22 Oct 2019, 11:06 am by Jim Baker
Those efforts have caused me to rethink my prior beliefs about encryption and to better align those beliefs with the reality that (a) Congress has failed to act—and is not likely to act—to change relevant law notwithstanding law enforcement’s frequent complaints about encryption, and (b) the digital ecosystem’s high degree of vulnerability to a range of malicious cyber actors is an existential threat to society. [read post]
21 Oct 2019, 10:48 am by Gabriel Schoenfeld
” But Obama, he found, had engaged in just such egregious abuses. [read post]
21 Oct 2019, 5:35 am by Benjamin Schwartz
President Obama substantially reigned in the use of signing statements to reinterpret triggering laws, issuing just two. [read post]
8 Oct 2019, 4:07 am by Edith Roberts
” At NPR, Nina Totenberg reports that “[t]he Trump administration, reversing the position of the Obama administration, will argue in the Supreme Court against the LGBTQ employees. [read post]
17 Sep 2019, 9:37 am by Margaret Taylor
(iii) An action, including a personnel action described in section 2302(a)(2)(A) of title 5, constituting reprisal or threat of reprisal prohibited under subsection (g)(3)(B) of this section in response to an employee’s reporting an urgent concern in accordance with this paragraph. [read post]
9 Sep 2019, 12:16 pm by June Casey
Monday, September 23, 2019, at noonHarvard Law School Milstein West A/B (Directions)1585 Massachusetts Ave., Cambridge, MANo RSVP required Ambassador Power will be joined by commentators: William P. [read post]