Search for: "Marty Lederman"
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3 Jul 2015, 5:54 am
MoloLamken analyzes the Court’s business docket, while at Slate, Marty Lederman discusses some of the Term’s biggest surprises. [read post]
5 Jun 2007, 3:10 pm
" Commentators mused about Twombly's impact: our own Marty Lederman queried here whether Twombly "signal[ed] the rejection of notice pleading" altogether, Scott Dodson raised the prospect that "the Court [was] saying that Rule 8 requires ‘notice-plus' pleading"; and Michael Dorf described a "rough consensus" "that there's no way to understand the decision if it doesn't apply a… [read post]
28 May 2015, 9:00 am
” Commentary comes from Noah Feldman at Bloomberg View, where he suggests that the Court’s decision “will affect the nature of American democracy for generations to come”; from Seth Lipsky, who in the New York Post similarly suggests that the case could “ignite an earthquake in American politics”; from Joey Fishkin, who at Balkinization argues that the case “comes at the law in a kind of funhouse-mirror reverse, aiming to destroy in Equal… [read post]
6 Mar 2015, 7:18 am
” At Balkinization, Marty Lederman discusses and addresses Justice Kennedy’s concerns about coercion, while elsewhere at Balkinization, Brianne Gorod suggests that, “[a]lthough most of the questions that Justice Alito asked were critical of the government’s position, one actually helps demonstrate why the government should prevail. [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]
24 Jul 2018, 4:39 am
” At Balkinization, Marty Lederman explains why “[t]he most striking thing about Justice Alito’s majority opinion” in Janus v. [read post]
1 Mar 2013, 6:15 am
At this blog, Marty Lederman covers the states’ brief in Windsor as well as the amicus brief filed by the state of California in Hollingsworth , which opposes Proposition 8 on both justiciability and substantive grounds. [read post]
19 Apr 2017, 4:38 am
At Balkinization, Marty Lederman explains why he is “doubtful” about “the merits of the letters’ argument that the case is not moot. [read post]
28 Nov 2017, 2:43 am
Marty Lederman notes in Balkanization that, “The fairly straightforward argument on the other side—and it’s a fairly compelling one—is that the later-in-time Congress spoke unequivocally in 2010, providing that the Deputy Director ‘shall serve’ as acting Director. [read post]
16 Feb 2007, 3:50 am
David Barron and our own Marty Lederman, by any reckoning two of the ablest lawyers in the entire country, are currently working on what promises to be a seminal article/problem on the problem. [read post]
7 Oct 2014, 12:56 pm
” Others think waiting allows the Court, as Marty Lederman said, to “write against the backdrop of a nation with tens or hundreds of thousands of gay marriages, and families, and the sky not having fallen” when it finally does take a case. [read post]
24 Aug 2006, 7:29 am
., Stephen Bainbridge at [www.professorbainbridge.com], Orin Kerr at [volokh.com], Marty Lederman at [balkin.blogspot.com], and Eugene Volokh at [volokh.com]. [read post]
19 Jun 2008, 9:16 pm
For more on the complexities of the Santos case, see Marty Lederman’s post here. [read post]
24 Jun 2008, 6:03 pm
Jack Goldsmith is one example, and Marty Lederman had an excellent post a couple of days ago on Dan Levin, another lawyer in the Office of Legal Counsel who refused to provide legal cover for the Bush administration's torture policies. [read post]
4 Feb 2024, 1:01 pm
[Justice Scalia erred because there are no “Officers of the United States” appointed outside Article II, Section II.] [read post]
1 Feb 2007, 10:05 pm
I did this interview about blogging with the Yale Law Report on November 8th, 2006. [read post]
26 Dec 2017, 8:16 am
As Marty Lederman explainedin a recent post, at 9:30 p.m. on the 24th, Doe’s guardian ad litem emailed the Texas shelter and the AUSA to inform them of the new 4:15 appointment time—a step that was necessary in order to inform the shelter employees of when they had to allow Doe’s transport to the clinic, regardless of whether that appointment would be for counseling with the second doctor or an abortion with the first. [read post]
13 Sep 2012, 6:04 am
(In fact, to the extent the NDAA brought about any change, it was a change limiting detention authority by clarifying that it is, in fact, subject to the laws of war, as Steve and Marty Lederman explained in this post. [read post]
25 Nov 2014, 6:30 am
” (This in-the-weeds slipperiness is why I am not at all confident that the precedent can be confined in the way, for example, that Marty Lederman opines.) [read post]
3 Jan 2023, 8:25 am
Indeed, it very closely tracks the argument of an amicus brief that Sam Bagenstos, Marty Lederman, Leah Litman, and I filed in 2017 in the SCOTUS case of Gloucester County School Bd. v. [read post]
