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5 Sep 2013, 11:29 am
This statement support Marty’s interpretation. [read post]
5 Sep 2013, 5:59 am
Marty Lederman writes in with a response to my last post: A quick, response to Jack’s reading of the President’s remarks in Stockholm yesterday: One should be very cautious, of course, about reading too much into an executive’s particular phrasing at a press conference–it is rarely the sort of thing that has received careful, interagency vetting, or that the President intends to articulate the nation’s formal opinio juris. [read post]
5 Sep 2013, 4:37 am
. *** UPDATE: Marty Lederman and I have an exchange on the issues above. [read post]
2 Sep 2013, 5:45 am
In a very interesting pair of posts, Marty Lederman provides reason to think that President Obama may have this view as well. [read post]
2 Sep 2013, 3:12 am
I recommend in particular Marty Lederman’s two posts on the relevance of the U.N. [read post]
2 Jul 2013, 1:41 pm
The other day, I was blogging about tags, and somebody asked what are all the tags. [read post]
2 Jul 2013, 7:32 am
At this blog, Marty Lederman discusses the impact of last week’s decision in United States v. [read post]
27 Jun 2013, 1:54 pm
As Marty Lederman notes, on August 2, there will be marriage equality in D.C. and 13 states--California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota (where a new law takes effect August 1), New Hampshire, New York, Rhode Island, Vermont, and Washington. [read post]
27 Jun 2013, 12:25 pm
Harris, Kamala Harris, Martin Lederman, Marty Lederman, Ninth Circuit, Prop 8, Proposition 8, Quote of the Day, SCOTUS, State Attorneys General, Supreme Court [read post]
22 Jun 2013, 8:32 am
(The always insightful Marty Lederman has responses to some of these concerns here, though he takes a much more doctrinal and less conceptual approach to the question; I don't actually mean for this post to substitute for the extensive briefing on the question.) [read post]
22 Jun 2013, 7:02 am
We are very pleased to announce Lawfare‘s first e-book, Lawfare on the National Defense Authorization Acts, which is now available in Kindle format on Amazon for $4.99. [read post]
21 Jun 2013, 12:56 pm
However, Lyle and Marty Lederman have noted that the Court laid out a roadmap for states that want to restrict voter eligibility when it reasoned that states have the power to decide who can vote. [read post]
17 Jun 2013, 6:51 pm
Writing over at Scotusblog this afternoon, Marty Lederman raised the question of a hypothetical federal law banning felon disenfranchisement. [read post]
17 Jun 2013, 2:06 pm
Marty Lederman’s post examining the possible implications of the decision is here. [read post]
9 May 2013, 10:12 am
Most notably, I take very seriously David Barron and Marty Lederman, who wrote the following: The textual and historical evidence we have reviewed demonstrates that the Commander in Chief Clause was understood to establish the hierarchical superiority of the President in the military chain of command, thereby both ensuring civilian control over the armed forces and establishing a “superintendence prerogative” with respect to at least some military operations. [read post]
28 Apr 2013, 11:54 am
The Lawfare blog is a useful source for a moderately conservative spin (Steve Vladeck's posts are an exception to the spin) on developments in the law of counterterrorism -- not as useful as Marty Lederman's less frequent posts here, of course. [read post]
21 Apr 2013, 4:15 pm
As a practical matter, as Marty Lederman has suggested elsewhere, it is quite unlikely that Dzhokhar Tsarnaev is unaware that he has a right to remain silent, either because of his knowledge of American culture or because his alleged terrorism-masters in Chechnya would surely have had the wit to say (something like) "if you're captured, remember that those wimp Americans will accord you a right to remain silent." [read post]
10 Apr 2013, 9:01 pm
As Professor Marty Lederman and I and others have pointed out, under the law of the Ninth Circuit (and perhaps also that of the Supreme Court), a district judge has no power, outside of a class action setting, to order relief that goes beyond protecting the named plaintiffs to also protect other would-be plaintiffs, unless full relief cannot be given to the named plaintiffs without also necessarily regulating the defendants’ interactions with other persons. [read post]
29 Mar 2013, 5:20 pm
Marty Lederman says he'd originally thought there were 5: 1. no standing, 1. uphold Prop 8 on the merits, 3. reject Prop 8 in a way that relates only to California, 4. reject Prop 8 in a way that would also require gay marriage in the 8 states that have civil unions for gay couples, and 5. find a constitutional right to same-sex marriage that would apply throughout the country. [read post]
23 Mar 2013, 12:30 am
Magliocca and my Georgetown Law colleague Marty Lederman, who provided me with this link to Felix Frankfurter and Thomas Corcoran's draft and this link to the final text, were struck by what Marty calls FDR's "swagger, disdain and passion," in what is, in effect, "a victory lap," notwithstanding the defeat of the Court-packing plan. [read post]
