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25 Jun 2016, 7:03 am
Ashley Deeks and Marty Lederman questioned the legality and efficacy of potential airstrikes against the Assad regime after 51 employees at the State Department penned a withering dissent cable lamenting the White House’s Syria strategy. [read post]
17 May 2019, 11:41 am
Recently, Benjamin Wittes, Andrew Kent, Marty Lederman and others have begun to do the work that Mueller did not. [read post]
31 May 2011, 8:19 am
" Marty Lederman (recently of the U.S. [read post]
4 Feb 2024, 7:55 pm
Nevertheless, in a post entitled "Marty Lederman's Fundamental Mistake of Law," he writes:[I]t does not follow, as [Marty] seems to suppose, that this principle also precludes Colorado from granting its Secretary of State the authority to exclude Trump from the state’s Republican primary if he is disqualified from the Presidency by the Fourteenth Amendment. [read post]
23 Aug 2016, 7:05 am
I agree wholeheartedly with Ben Wittes and Marty Lederman that there are very few new revelations in the just-declassified Presidential Policy Guidance (PPG) on direct action against terrorist targets, at least compared to what was already known from the previously released fact sheet, the recent Executive Order, and the trove of speeches by senior Administration officials. [read post]
1 Jul 2007, 3:28 pm
I want to provide a counterpoint example and it so happens that perhaps the finest Left law blog there is, Balkinization, gives us two of the best examples - Georgetown Law Professor Marty Lederman and Yale Law Professor Jack Balkin. [read post]
9 Oct 2011, 8:11 pm
Moreover, the memo's authors are reported as David Barron and Marty Lederman, who were clearly the brains of OLC in the beginning of President Obama's term, and knowing them both, I'd expect first-rate analysis from them. [read post]
16 Mar 2008, 6:01 pm
The question that divides Herstein, Waldron, Marty Lederman, and others is whether an authoritative text forbidding "A or B" forbids conduct that is just A and also forbids conduct that is just B (Waldron and others) or whether it only forbids conduct that is "A and B" (Herstein).At first blush, Waldron seems obviously right about this as a matter of simple logic. [read post]
3 Aug 2017, 6:27 am
But Georgetown Law professor Marty Lederman told the New York Times that the arguments won’t hold weight. [read post]
22 Jul 2020, 1:23 pm
As explained by Marty Lederman on Balkinization, Trump's Memorandum does not affect the way that the Commerce Department will conduct the 2020 Census, or how the actual results will be tallied. [read post]
9 Jan 2007, 3:46 pm
All that said, it seems clear to me that what Kennedy is proposing, supported legally here in Marty Lederman's unfair attack on Joe Biden, is NOT consistent with the Constitution. [read post]
7 Jul 2007, 3:35 am
Marty Lederman was nice enough to comment and say he appreciated my analysis, so let's look at what he wrote about the case. [read post]
24 Dec 2006, 12:38 pm
In the past year and a half, I have added the blogging team that Jack established and that Sandy Levinson, Marty Lederman and so many others have enlivened, to my own friends, and beyond them, a circle of readers - some crotchety, some exasperating, and others who offer essential moral support (and even a keen editorial eye and blue pencil, which must be what every poster hopes for). [read post]
30 Nov 2013, 6:19 am
Anyone delving into the newly public FISC opinions will surely notice a seemingly odd pattern recently commented on by Marty Lederman. [read post]
10 Jan 2012, 11:43 am
Marty Lederman recalled that the administration had advised Congress in 2009 that courts might find that “material support” of terrorism was not a crime under the law of war. [read post]
2 Dec 2013, 9:36 am
Several of these points were made very well a few years ago in several amicus briefs filed by Senator Ted Kennedy (with Laurence Tribe and Marty Lederman serving as his counsel), as well as more recently in a series of excellent blog posts by Michael Stern, at Point of Order. [read post]
2 Jul 2008, 6:51 pm
In the past year, Slate has run stories by Bruce Ackerman, Ahkil Amar, Frank Bowman, Bill Eskridge, David Fontana, Richard Thompson Ford, Bennett Gershman, Jack Goldsmith, Rick Hasen Orin Kerr, Neal Katyal, Marty Lederman, Eric Posner, Jamin Raskin, Jim Ryan and Kenji Yoshino (and I'm sure I missed a few too). [read post]
1 May 2007, 11:01 pm
Rumsfeld, and not a newly concocted tribunal that brings stateside unfair procedures found in the Military Commissions Act, or MCA; 2d, "torture or cruel, inhuman, or degrading treatment" will have to encompass the full meaning of those terms under international human rights law, and not the ghost of that meaning set forth in the MCA; 3d, the notion that there may be "legal authority" for detention without charge inside the United States will require explanation and… [read post]
19 Jul 2017, 4:35 am
At Just Security, Marty Lederman disputes the government’s contention in its reply brief that the connection between a foreign national and a United States person or entity “must be ‘substantial,’” calling “[t]hat adjective … a limitation of the SG’s own creation, one not found in the Court’s opinion. [read post]
24 Apr 2012, 6:13 am
”) Marty Lederman does his usual lovely job at Balkinization of explaining why the equation of these practices as similar in their views of executive power is wrong. [read post]
