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7 Feb 2013, 9:11 am by Jon Sands
New Jersey, 530 U.S. 466 (2000); Texas v. [read post]
6 Feb 2013, 10:45 am by Jonathan Hafetz
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]
5 Feb 2013, 8:56 pm by Benjamin Wittes
” 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 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]
31 Jan 2013, 6:49 am by David Oscar Markus
From his order (via Professor Berman's site):Last year in United States v. [read post]
28 Jan 2013, 11:46 am by Schachtman
United States, No. 79 C 2148, 1983 U.S. [read post]
25 Jan 2013, 11:48 am by Lawrence B. Ebert
’” Twombly, 550 U.S. at 555 (quoting Conley v. [read post]