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16 Aug 2022, 6:29 am by Scott R. Anderson
During his presidency, Trump openly embraced a broad view of his own authority in this regard, claiming to have the “absolute right” to declassify information entirely at his discretion, regardless of whatever procedures or legal requirements might otherwise apply. [read post]
9 Apr 2016, 9:53 am by Rita Siemion, Heather Brandon
Marty Lederman provided a broad summary over at Just Security and here at Lawfare Jack Goldsmith, Ashley Deeks, and Daniel Bethlehem have been discussing Egan’s treatment of imminence under the jus ad bellum. [read post]
8 Jul 2024, 4:55 am by Eric Segall
Although the majority opinion by Chief Justice John Roberts declared that some of the charges brought by Special Counsel Jack Smith against former President Trump must now be thrown out, it did not say whether any of the charges can go to trial. [read post]
15 Feb 2017, 9:30 am by Jordan Brunner
“I think the fundamental question for us is what is our involvement in it, and who ought to look at it,” adding “they have broad jurisdiction to do it,” in referring to the SSCI. [read post]
10 Jun 2015, 9:51 am by Sean Mirski
That case is littered with dicta supporting broad presidential power, and it has long been viewed as the high-water mark of judicial support for presidential control over foreign affairs. [read post]
Yet they still represent a shift from the current state of things—which is to say, an ad hoc system in which tech platforms are effectively building the content moderation plane in midair, setting out broad rules and then struggling to decide the extent to which politicians get special treatment. [read post]
31 Oct 2016, 7:23 am by Jack Goldsmith, Benjamin Wittes
” Assuming these press reports are correct, this appears to be classic responsibility-dodging behavior that one of us (Jack) often witnessed during his time in the Justice Department. [read post]
27 Jul 2016, 12:20 pm by Rishabh Bhandari, Caitlin Gilligan
Secretary of State John Kerry said Beijing must recognize an international tribunal’s ruling against its broad claims in the South China Sea if China commences bilateral negotiations with the Philippines. [read post]
22 Jan 2020, 5:06 am by Randy Beck, John Langford
While it is common, and sometimes proper, for executive officials to claim broad powers, mechanisms are needed for Congress and the courts to test such claims of executive authority and counter those that overstep constitutional and statutory boundaries. [read post]
18 Jan 2023, 5:00 am by Michael C. Dorf
Ogden do not in fact establish very broad federal power, thus conform to the original understanding, and are accordingly correct. [read post]
23 Jul 2011, 4:46 am by Marty Lederman
"So, the "one remaining instrument to meet the crisis," in FDR's view was . . . a different sort of statute -- namely, a broad legislative delegation. [read post]
22 Jun 2019, 12:50 pm by John Floyd
  Over the next twenty-seven years, the Supreme Court created four broad exceptions to the exclusionary rule. [read post]
4 Oct 2009, 9:59 am
  But while it's an imprecise measurement, I think it's a valid one, because the variation is within certain broad limits, and those broad limits are enough when you're talking about such a huge different. [read post]
28 Jun 2024, 10:11 am by Amy Howe
The same law is also at the center of two of the four charges brought by Special Counsel Jack Smith against former President Donald Trump in Washington, D.C. [read post]
10 Nov 2009, 6:16 am
Definition of "Client" In the initial bill, the SEC was given broad authority to ascribe different meanings to different terms, including the term "client. [read post]
30 Mar 2012, 8:53 am by Jonathan H. Adler
 So, for instance, it’s easy for Jack Balkin to dismiss an argument premised on Bailey v. [read post]
11 Aug 2011, 8:11 am by Neil Siegel, guest-blogging
Lash does not accurately describe the work of Akhil Amar, Jack Balkin, Andrew Koppelman, Donald Regan, Robert Stern, and others. [read post]
24 Dec 2009, 9:49 am by Ilya Somin
. - Jack Balkin), which gives Congress the power to To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States. [read post]