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24 Apr 2012, 3:48 pm by Deborah Pearlstein
Despite this, Marty Lederman and the Times’ own Andrew Rosenthal and I all independently seemed to read the piece in much the same way – i.e. as suggesting that there was something comparable in Bush’s embrace of executive power and Obama’s, and that this might have something to do with national security. [read post]
24 Apr 2012, 6:13 am by Deborah Pearlstein
”) 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]
23 Apr 2012, 11:25 am by Jack Goldsmith
Marty Lederman has a post defending the Obama administration in connection with this NYT story, but I think he overreacts. [read post]
6 Apr 2012, 12:07 pm by Marty Lederman
by Marty Lederman [Marty Lederman is a Professor at Georgetown Law School and former Deputy Assistant Attorney General in the Department of Justice's Office of Legal Counsel from 2009 to 2010, and an Attorney Advisor in OLC from 1994-2002] There was, of course, a great deal of international opinion offered concering the legality of the Israeli strike on the Osirak reactor in 1981. [read post]
3 Apr 2012, 8:08 pm by Sandy Levinson
I truly think that nothing more need be said about the ACA, save by Marty Lederman, who has truly mastered the briefs and oral arguments. [read post]
3 Apr 2012, 6:32 am by Nabiha Syed
Others, including Marty Lederman at Balkinization, Ori J. [read post]
28 Mar 2012, 5:41 am by Paul Horwitz
As I've written here before, I made the healthcare litigation a central piece of my con law class this year, starting on the very first day when, instead of reading Marbury, we read a series of excerpts from the lower court healthcare decisions and briefs (prepared by Marty Lederman, to whom I'm very grateful). [read post]
25 Mar 2012, 7:01 pm by Guest Blogger
The Solicitor General’s reply brief makes this plain (see especially pp. 6-7 and 14-15), as does Marty Lederman’s recent post here at Balkinization (see especially Part IV.c and elsewhere). [read post]
23 Mar 2012, 8:27 am by david
“ Dahlia Lithwick argues that the ACA argument will have less to do with law than with “optics politics and public opinion” Randy Barnett suggests Justice Scalia’s past opinions to not mean he will vote to uphold ACA Marty Lederman examines the arguments of ACA challengers and responds to Barnett Ongoing coverage of the health care cases continues at numerous blogs, including HealthLawProf Blog and Health Care at the High Court. [read post]
21 Mar 2012, 6:58 pm by JB
Marty Lederman has offered a splendid analysis of the individual mandate issues here, and, of course, readers of this blog know that Andy Koppelman, Neil Siegel, and I have gone over the doctrinal arguments many times before.So for a change of pace, I point out that, if we use regime theory in political science, the most likely prediction is that a majority of the Justices will defend the basic commitments of the current constitutional regime, which is the New Deal/civil rights… [read post]
21 Mar 2012, 2:30 pm by Kali Borkoski
”   Marty Lederman, writing at Balkinization, defends the ACA in his response to Randy Barnett. [read post]
5 Mar 2012, 5:49 pm by Julian Ku
 Still, by invoking the Bush Administration “torture” memos, O’Connell is not trying to give a compliment to David Barron, Marty Lederman, and Harold Koh (all of whom presumably had some role in developing this legal memo). [read post]
22 Feb 2012, 1:30 pm by Benjamin Wittes
”  Many in this group are graduates of this law school: My special assistant and Navy reservist Brodi Kemp, who is here with me today (class of ‘04); Caroline Krass at OLC (class of ’93); Dan Koffsky at OLC (class of ’78); Marty Lederman, formerly of OLC (class of ‘88); Greg Craig, the former White House Counsel (class of ’72); Bob Litt, General Counsel of ODNI (class of ‘76); Retired Marine Colonel Bill Lietzau (class of ’89);… [read post]
15 Feb 2012, 10:14 am by Jameel Jaffer, Center for Democracy
Marty Lederman, then a law professor but later a lawyer for the Obama administration, explained the 2008 amendments like this: The new statute permits the NSA to intercept phone calls and e-mails between the U.S. and a foreign location, without making any showing to a court and without judicial oversight, whether or not the communication has anything to do with al Qaeda — indeed, even if there is no evidence that the communication has anything to do with terrorism, or… [read post]
28 Jan 2012, 7:27 am by JB
[Update: Marty Lederman correctly points out that section 2 has been read to give Congress broad powers to remedy private racial and national origin discrimination, but the point is that section 2 would bestow even broader powers if section 1 had been read in the way that we normally read section 1 of the Fourteenth Amendment--or many other portions of the Bill of Rights. [read post]
26 Jan 2012, 6:32 am by Raffaela Wakeman
George Jameson former Director, Office of Policy & Coordination, CIA Author of “Intelligence and the Law: Introduction to the Legal and Policy Framework Governing Intelligence Community Counterterrorism Efforts” Commentators Jennifer Daskal Fellow, Georgetown Center on National Security and the Law Stephen Vladeck Professor, American University Washington College of Law Moderated by Marty Lederman Associate Professor, Georgetown University Law Center  … [read post]
12 Jan 2012, 2:58 pm by Benjamin Wittes
Marty Lederman outlined what he described as an underappreciated middle ground, or “third way,” that the Clinton and Obama Administrations have taken on the President’s unilateral constitutional authority to engage U.S. forces in military conflicts. [read post]
10 Jan 2012, 11:43 am by Benjamin Wittes
  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]
6 Jan 2012, 5:07 am by Jonathan H. Adler
 Marty Lederman, for example, argued that the recess appointments clause can only be used a) during intersession recesses to fill b) vacancies that occurred during the recess. [read post]
3 Jan 2012, 3:18 pm by Kevin Jon Heller
Two excellent blog posts setting the record straight about the NDAA, graciously provided to us by two experts on the subject, Marty Lederman and Steve Vladeck. [read post]