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22 May 2014, 7:44 am by Bruce Ackerman
                                                                  II. [read post]
3 Dec 2024, 5:31 am by Elizabeth Goitein
Accordingly, any military action that relies solely on these “inherent” powers should be deemed to violate the Posse Comitatus Act, and should be sustained only if it falls within the president’s “conclusive and preclusive” sphere of authority (per Justice Robert Jackson’s concurrence in Youngstown Sheet & Tube Co. v. [read post]
31 Dec 2011, 1:20 pm by Marty Lederman
The Counterargument of Judges Brown and Kavanaugh In a 2010 case, al-Bihani v. [read post]
31 Oct 2009, 4:06 pm by admin
October 31,  2009 – A summary review of environmental law settlements, decisions, regulatory actions and lawsuits filed during the past week. [read post]
22 Jul 2016, 7:55 pm
By 2008 U.S. courts deemed the area to be under de facto sovereignty of the United States (Boumediene v. [read post]
29 Apr 2022, 6:30 am by Guest Blogger
Guest Blogger This post was prepared for a roundtable on Reforming the Supreme Court of the United States, convened as part of LevinsonFest 2022—a year-long series gathering scholars from diverse disciplines and viewpoints to reflect on Sandy Levinson’s influential work in constitutional law. [read post]
4 Nov 2024, 6:39 am by Marty Lederman
In an article here back in July, I explained why Judge Cannon is wrong and why the Supreme Court was correct to hold in United States v. [read post]
29 Oct 2020, 9:02 pm by Neil H. Buchanan
In a case arising out of Wisconsin earlier this week, much attention was paid to a concurring opinion by Justice Brett Kavanaugh, who invoked Bush v. [read post]
16 Jul 2020, 9:01 pm by Vikram David Amar
In Part One of this series, I explained why last week’s opinions in Chiafalo v. [read post]
30 Apr 2010, 1:40 pm by Rebecca Tushnet
You need an organization willing to spend millions of dollars defending its reporters against, say, Bush administration investigations, or claims by the Catholic church when the sex abuse investigations go on. [read post]