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7 Feb 2013, 9:11 am
New Jersey, 530 U.S. 466 (2000); Texas v. [read post]
6 Feb 2013, 10:45 am
Note here Quirin and Hamdi's reference to clearly established and universally accepted law-of-war principles in finding the president's use of the military constitutional.The paper does acknowledge that procedural due process can limit the president's authority to use military force against a U.S. citizen, citing Hamdi and its invocation of the Matthews v. [read post]
6 Feb 2013, 8:54 am
As the Supreme Court ruled in Hamdi v. [read post]
6 Feb 2013, 8:18 am
The White Paper cites the Hamdi opinion (and Mathews v. [read post]
6 Feb 2013, 6:05 am
U.S. v. [read post]
5 Feb 2013, 8:56 pm
” Isikoff then says, rather more tendentiously, that the document authorizes the killing of U.S. citizens who are top operational Al Qaeda figures “even if there is no intelligence indicating they are engaged in an active plot to attack the U.S. [read post]
5 Feb 2013, 3:44 pm
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, 8:10 pm
McCuskey of the U.S. [read post]
4 Feb 2013, 7:04 pm
The paper omits crucial language from Mathews v. [read post]
1 Feb 2013, 5:02 am
Wade, 410 U.S. 113 (1973). [read post]
31 Jan 2013, 8:16 am
Gaughan of the U.S. [read post]
31 Jan 2013, 6:49 am
From his order (via Professor Berman's site):Last year in United States v. [read post]
29 Jan 2013, 7:31 am
According the U.S. [read post]
28 Jan 2013, 11:46 am
United States, No. 79 C 2148, 1983 U.S. [read post]
28 Jan 2013, 10:57 am
Doe v. [read post]
25 Jan 2013, 1:26 pm
See Opinion and Order, Binno v. [read post]
25 Jan 2013, 1:26 pm
See Opinion and Order, Binno v. [read post]
25 Jan 2013, 11:48 am
’” Twombly, 550 U.S. at 555 (quoting Conley v. [read post]
25 Jan 2013, 8:48 am
McLane Company, Inc., the U.S. [read post]
24 Jan 2013, 10:20 am
Co., 499 U.S. 340 (1991). [read post]