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27 Feb 2013, 7:00 am by Benjamin Wittes
First, the administration contends that the United States is in a state of armed conflict with Al Qaeda, the Taliban, and associated forces. [read post]
27 Feb 2013, 4:20 am by Benjamin Wittes
A similar dynamic occurred in the First Amendment context in 2010’s Holder v. [read post]
26 Feb 2013, 6:17 pm by Alan Rozenshtein
The surveillance program was authorized by the 2008 Foreign Intelligence Surveillance Act (FISA) Amendments Act (FAA), which permits the executive branch to engage in large-scale, programmatic surveillance of foreign targets outside the United States. [read post]
26 Feb 2013, 12:52 pm by Ritika Singh
” As Wells posted earlier today, the Supreme Court ruled 5-4 in Clapper v. [read post]
18 Feb 2013, 2:56 pm by Kevin Goldberg
  At this point I’m reminded of the opening statement of one Vincent LaGuardia Gambini in the fictitional trial of Alabama v. [read post]
15 Feb 2013, 12:30 pm by Stephen Wermiel
United States, and giving defendants access to law enforcement reports in Jencks v. [read post]
13 Feb 2013, 9:01 pm by Vikram David Amar
  Moreover, four years after Chadha—in a case in which the Supreme Court held that a state legislature enjoyed standing in federal court to defend a measure when the state executive branch declined to do so, Karcher v. [read post]
11 Feb 2013, 5:21 pm by Adam Santucci
As such, in accordance with the Supreme Court of the United States' holding in New Process Steel v. [read post]
11 Feb 2013, 2:22 pm by Doug Kendall
One of the glaring things revealed by a review of the briefs in Shelby County v. [read post]
5 Feb 2013, 5:27 pm by Lisa Milam-Perez
In Trickey v Kaman Indus Tech Corp, a federal district court in Missouri found sufficient evidence that an employer actively thwarted a branch manager’s attempts to comply with a PIP. [read post]
5 Feb 2013, 3:44 pm by Steve Vladeck
As I noted then, the Attorney General’s invocation of the balancing test for due process articulated in Mathews v. [read post]
4 Feb 2013, 6:34 am by The Charge
  The offender may be charged fines to the state, [read post]