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7 Apr 2013, 11:53 pm by Gretchen Goetz
By Gretchen Goetz and Helena Bottemiller By March of last year, lean finely textured beef (LFTB) had reached celebrity status under the unfavorable moniker “pink slime. [read post]
21 Mar 2013, 6:43 pm by Benjamin Wittes
Harman, like Steve and Jennifer, voiced caution in having Congress adopt what she described as a “blanket authorization. [read post]
19 Mar 2013, 7:24 pm by Benjamin Wittes
The question, rather, is whether you want the contours of this continuing armed conflict to be defined by the Executive Branch acting alone, or whether you want it defined by some joint action of the Executive Branch and Congress. [read post]
18 Mar 2013, 6:30 am by Benjamin Wittes
  Put in a more cynical way, I can imagine many federal judges thinking “we don’t exist to provide top cover to the Executive branch for difficult decisions; foist this responsibility on us and you diminish both our branches of government. [read post]
18 Mar 2013, 6:06 am by Jack Goldsmith
Jennifer and Steve prefer a combination of the current AUMF and Article II. [read post]
14 Mar 2013, 11:47 am by WIMS
David Allen, Professor – University of Michigan; Patricia Birkholz, Founder – Great Lakes Legislative Caucus; Kathryn Buckner, President – Council of Great Lakes Industries; Naomi Davis, President – Blacks in Green; Molly Flanagan, Program Officer – The Joyce Foundation; Steve Galarneau, Director – Office of the Great Lakes, Wisconsin Department of Natural Resources; Jennifer Hill, Field Manager – National Wildlife Federation and Healing Our… [read post]
13 Mar 2013, 10:07 am by Ritika Singh
Steve Chapman of the Chicago Tribune writes about some of the concerns about drones that animated Rand Paul’s filibuster. [read post]
7 Mar 2013, 7:35 pm by Wells Bennett
(For takes on Senator Paul’s now-averted filibuster of Brennan’s nomination, see these posts from Jack, Steve, and Ben.) [read post]
7 Mar 2013, 2:37 am by Jack Goldsmith
  But note that Steve’s proposed remedy is “a more comprehensive public defense by the Executive Branch. [read post]
27 Feb 2013, 7:00 am by Benjamin Wittes
In writing my testimony for today’s House Judiciary Committee hearing on drones and targeted killing of U.S. citizens overseas, I found myself writing a more complete explication of the essential legal rationale underlying the administration’s position on the subject than I have, to date, set down in one place. [read post]
27 Feb 2013, 4:20 am by Benjamin Wittes
”  Courts have limited fact-finding capabilities, compared with the resources available to the political branches. [read post]
21 Feb 2013, 9:37 am by Raffaela Wakeman
As Steve mentioned yesterday, the House Judiciary Committee is holding a hearing on the legal rationale for targeted killing next Wednesday. [read post]
13 Feb 2013, 3:34 am by Sean Patrick Donlan
 The conference description reads: The 2013 annual conference of the UK Branch of the IVR is designed to bring together legal theorists and legal historians (including historians of legal theory and political thought) in an attempt to facilitate and encourage dialogue between the two disciplines. [read post]
13 Feb 2013, 3:28 am by Jack Goldsmith
” On oversight for targeted killing, my guess is that the administration will oppose on constitutional and pragmatic grounds both ex ante FISC-type review and the possibility of ex post damages (both regimes nicely outlined here by Steve), and will instead seek to enhance the already-pretty-robust reporting and oversight arrangements with the intelligence committees, perhaps with a promise to disclose in secret all relevant legal opinions and to say more publicly about the nature… [read post]
11 Feb 2013, 2:22 pm by Doug Kendall
But where are the leading conservative constitutional thinkers on this – Mike McConnell, Eugene Volokh, Randy Barnett, Gary Lawson, and Steve Calabresi? [read post]
7 Feb 2013, 6:11 pm by Robert Chesney
Better Ex Ante Approval than Ex Post Damages Steve has posted about the alternative of providing a post-hoc nominal damages action. [read post]
26 Jan 2013, 8:43 am by admin
  The Abuse Guidelines discuss what may constitute a valid business justification for the second branch of the test for abuse of dominance under section 79 with some examples, including reducing costs or improvements in technology. [read post]
13 Jan 2013, 9:11 pm by CAPTAIN
Gordon, Christopher Green, Scott Janowitz, Oscar Levin, Steve Lieberman, Shirlyon J.McWhorter, Jonathan Meltz, Sandra Miller-Batiste, Andrew A. [read post]
4 Jan 2013, 8:00 am by Benjamin Wittes
Their legal disabilities arose from rules of the common law and law of nations which dated back centuries but were still upheld in commentary, political branch practice and judicial opinions well into the twentieth century, including in two other Supreme Court decisions from 1942. [read post]