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25 Sep 2017, 1:30 pm by Peter Margulies
As Marty Lederman describes, the order suspends the entry of both immigrants and some or all classes of nonimmigrants from Chad, Iran, Libya, North Korea, Syria, and Yemen. [read post]
21 Jan 2023, 6:30 am by Guest Blogger
Balkinization contributors, led by Marty Lederman, pioneered a genre of constitutional detective criticism, first piecing together the administration’s Article II theories and then dissecting their flaws. [read post]
7 Apr 2017, 11:01 am by Andrew Kent
Likewise, David Barron and Marty Lederman have an important two-part article showing that, at the Founding and across U.S. history, Congress was understood to have significant power to regulate even tactical decisions by the president acting as Commander in Chief—the area at the core of whatever unilateral constitutional war powers the president possesses. [read post]
2 Mar 2015, 11:00 pm
(To his credit, Marty Lederman may have been the first to identify the significance of the focus on the Armed Forces, but that was not until many years later in January 2005.) [read post]
15 Jun 2015, 1:49 pm by Quinta Jurecic
Cody posted the Lawfare Podcast, which featured a conversation between Jack and Marty Lederman on Zivotofsky. [read post]
23 Jun 2015, 9:20 am by Steve Vladeck
Circuit after the trial judge threw out the charges against al-Nashiri relating to his alleged role in the bombing of the M/V Limburg (on the merits of the Limburg charges, see Marty Lederman's Just Security post here). [read post]
6 Feb 2017, 11:19 am by Jordan Brunner
  ICYMI: This Weekend, on Lawfare Quinta Jurecic posted the Lawfare Podcast, featuring Jack Goldsmith and Marty Lederman’s debate over the actions of former Acting Attorney General Sally Yates. [read post]
31 Dec 2017, 10:36 am by Marty Lederman
By Marty Lederman and David LubanThis coming Friday, the Supreme Court Justices are scheduled to consider, at conference, the government’s nominal “petition for certiorari” in No. 17-654, Hargan v. [read post]
14 Mar 2015, 6:55 am by Sebastian Brady
But, Jack and Marty Lederman wrote, that’s probably not what form any forthcoming deal will take. [read post]
23 Apr 2007, 6:05 am
Obviously, my reasons for objecting to the majority opinion are different from Jack Balkin's and Marty Lederman's (posted nearby). [read post]
12 Sep 2014, 9:34 am by Milena Sterio
  Many academics have already grappled with the issue of whether the President has authority for this type of military action under domestic law, with most arguing that the President did not have authority under the Authorization to Use Military Force (AUMF) (see Deborah Pearlstein’s post on Opinio Juris and Marty Lederman’s and Jen Daskal’s posts on Just Security). [read post]
8 Aug 2014, 12:37 pm by Jack Goldsmith
”  In his analysis of “the executive’s initial explanation of domestic law authority for the use of force in Iraq,” Marty Lederman appears to agree when he says: The only potential legal innovation or close legal question here will arise under U.S. constitutional law if and when the U.S. uses lethal force at Mount Sinjar in order to stop a “potential act of genocide. [read post]
23 Nov 2014, 1:15 pm by Peter Margulies
At its heart, it’s not an interpretation of the INA, as Marty Lederman contends, but an end-run around statutory limits. [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]
19 Apr 2017, 4:38 am by Edith Roberts
At Balkinization, Marty Lederman explains why he is “doubtful” about “the merits of the letters’ argument that the case is not moot. [read post]
25 Feb 2007, 10:35 pm
(Marty Lederman also makes this point in his account of the decision). [read post]
20 Feb 2015, 8:00 am by Jack Goldsmith
As Jack, Ryan, and Marty Lederman have all documented in different respects, the Administration draft’s definition of “associated forces” is far broader than any interpretation that has previously been offered by the U.S. government. [read post]
2 Jun 2014, 1:30 pm by Benjamin Wittes
I certainly don’t think, as Marty Lederman put it on Saturday, that it is “truly wonderful news. [read post]
5 Sep 2013, 4:37 am by Jack Goldsmith
. *** UPDATE: Marty Lederman and I have an exchange on the issues above. [read post]
22 May 2007, 12:58 am
But as stated here by Marty Lederman, the pattern of conduct on the part of high-level officials at DOJ and elsewhere in the Administration suggests "the abuse of governmental authority for partisan ends," through actions relating to voter fraud, voter registration, and voter identification.Although they have only recently garnered widespread public attention, the signs of partisan manipulation of voting laws by DOJ have actually been there for some time, predating the… [read post]