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8 Oct 2011, 7:00 pm
by Kenneth Anderson I’m traveling and can’t stop to comment, but check out Charlie Savage’s New York Times story describing the secret DOJ memo, reportedly principally authored by David Barron and Marty Lederman, that provided the justification for putting Anwar Al-Awlaki on the targeting list in the first place. [read post]
8 Oct 2011, 6:48 pm
(Kenneth Anderson) I’m traveling and can’t stop to comment, but check out Charlie Savage’s New York Times story describing a secret DOJ memo, reportedly principally authored by David Barron and Marty Lederman, that provided the justification for putting Anwar Al-Awlaki on the targeting list in the first place. [read post]
6 Oct 2011, 6:53 am
At this blog, Marty Lederman comments on the oral argument and the case generally, asking whether it isn’t “at least somewhat troubling for Congress to prohibit members of the public from expressing something tomorrow that they were free to express yesterday? [read post]
28 Sep 2011, 6:36 am
But beyond the big picture, a victory for the church raises many difficult questions about the limits of the civil rights laws, and I think some critics of the ministerial exception, whether in general or as applied to this and other cases, have raised superb questions: I would include Caroline Mala Corbin and Marty Lederman among those critics. [read post]
22 Sep 2011, 4:24 am
My thanks to Marty Lederman for reminding me of this brilliant but now somewhat neglected piece. [read post]
17 Sep 2011, 7:56 am
by Marty Lederman The first part of John Brennan’s speech, as I explain below, is an explication of the Administration’s understanding of the U.S. armed conflict with al-Qaida and its co-belligerents, the legal constraints governing our use of force, and the self-imposed parameters of the government’s use of force outside of “hot battlefields. [read post]
17 Sep 2011, 6:53 am
by Marty Lederman In his speech last evening, Deputy National Security Advisor John Brennan clarified and strengthened a number of important points that the Obama Administration had previously articulated or suggested, and helpfully tied them together to provide a more comprehensive account of the President’s counterterrorism approach, particularly with respect to the U.S. commitment, emphasized by Brennan, on adherence to the rule of law and respect for international law… [read post]
16 Sep 2011, 7:52 pm
(Kenneth Anderson) A few hours ago at a conference on national security sponsored by Harvard Law School and the Brookings Institution (as part of a new partnership on law and security issues), the White House’s senior counterterrorism official, John Brennan, gave what Marty Lederman calls the “most comprehensive single statement of the Obama Administration’s policies and practices with respect to al Qaeda and other terrorist threats. [read post]
16 Sep 2011, 4:53 pm
by Marty Lederman John Brennan just finished delivering this speech at the Harvard Law School. [read post]
15 Aug 2011, 7:16 am
[Thanks to Marty Lederman via Religionlaw for the lead.] [read post]
8 Aug 2011, 12:37 pm
As discussed here (me), here (Marty Lederman), and here (Eugene Volokh), both counts raised fascinating First Amendment questions, and the case seemed set to become an important test of the line between protected expression and crime in the context of online activity and terrorism. [read post]
25 Jul 2011, 3:41 pm
(Eugene Volokh) Marty Lederman (Balkinization) blogs about an indictment that raises very important First Amendment issues. [read post]
25 Jul 2011, 11:01 am
("Moderates" like myself believe that Section 4 of the Fourteenth Amendment could provide such authority, though Laurence Tribe, Marty Lederman, and Jack Balkin all provide good arguments as to why those arguments are weak)But consider the story du jour, which is that John Boehner is threatening to pass a House bill to extend the debt limit, though only until next year, with attendant spending cuts and no tax increases, and basically daring the Senate and the President… [read post]
22 Jul 2011, 9:10 pm
One of those things must give; in reality, that means that the conflicting laws will have to be reconciled by the only actor who combines the power to act with a willingness to shoulder responsibility — the president.UPDATE: Marty Lederman comments on Posner and Vermeule’s “striking” vision of “unilateral Executive power” here. [read post]
15 Jul 2011, 11:16 am
Marty Lederman has a terrific post exploring in more detail the First Amendment issues raised by the Begolly indictment. [read post]
7 Jul 2011, 6:23 am
Marty Lederman provides some useful context and commentary on the brief here. [read post]
29 Jun 2011, 8:56 am
Marty Lederman offers this analysis over at Balkinization of two critical amendments proposed by Senator Richard Lugar and adopted by the Senate Foreign Relations Committee yesterday. [read post]
14 Jun 2011, 4:04 pm
" That's respected journalist Lou Cannon, in his biography of President Reagan.As David Barron and Marty Lederman have shown, this is wrong. [read post]
31 May 2011, 8:19 am
" Marty Lederman (recently of the U.S. [read post]
28 May 2011, 10:01 pm
In his “Tea leaves” post last week, Marty Lederman speculated on which Justices are likely to be writing which opinions in the oldest outstanding cases. [read post]
