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25 Jun 2020, 1:17 pm by Tom Smith
"This was Bolton's bet: If he is right and the book does not contain classified information, he keeps the upside mentioned above; but if he is wrong, he stands to lose his profits from the book deal, exposes himself to criminal liability, and imperils national security," the judge wrote. [read post]
25 Jun 2020, 12:13 pm by Matthew Kahn
The ongoing legal battle over former National Security Adviser John Bolton’s book is in large part a fight over classification. [read post]
25 Jun 2020, 7:09 am by Nicholas Mosvick
On June 25, 1984, Justice John Paul Stevens wrote the decision for a unanimous court. [read post]
25 Jun 2020, 7:00 am by Guest Blogger
” Such decisions first entered public view in 1975, when a FOIA suit (brought, as it happens, by John Lennon) showed that the government had long designated many noncitizens as “nonpriority”—a “euphemism for an administrative stay of deportation. [read post]
25 Jun 2020, 4:00 am by Deanne Sowter
Yet, that responsibility does not apply to l [read post]
24 Jun 2020, 7:01 pm by Eugene Volokh
Judge Adelman's article begins: "By now it is a truism that Chief Justice John Roberts' statement to the Senate Judiciary Committee that a Supreme Court justice's role is the passive one of a neutral baseball 'umpire who [merely] calls the balls and strikes,' was a masterpiece of disingenuousness. [read post]
24 Jun 2020, 2:28 pm by Eugene Volokh
Viewing someone as a "threat" does not mean the person can be subject to an injunction as if he or she actually made one. [read post]
24 Jun 2020, 11:45 am by Paul Cassell
  Judge Sullivan had taken an expansive view of his role, even appointing an amicus (distinguished retired District Judge John Gleeson) to argue against the Government's unopposed motion to dismiss. [read post]
  The rule itself that the Supreme Court crafted in Liu is thus clear:  Section 21(d)(5) authorizes the SEC to seek, and a court to order, “a disgorgement award that does not exceed a wrongdoer’s net profits and is awarded for victims. [read post]
24 Jun 2020, 9:48 am by Sean Mirski, Shira Anderson
Since the beginning of the coronavirus pandemic, there has been a great deal of debate about the Chinese government’s responsibility for the global crisis and to what extent the Chinese Communist Party can—and should—be held accountable. [read post]
24 Jun 2020, 9:26 am by Sean Quirk
The United States asserts that UNCLOS does not allow a coastal state like the PRC to use straight baselines around islands of an offshore archipelago; only archipelagic states such as the Philippines and Indonesia, which consist entirely of islands, can do so. [read post]
24 Jun 2020, 7:46 am by Cyberleagle
If effectiveness is a criterion, what does that mean? [read post]
23 Jun 2020, 11:28 am by Katie Cassidy Tranter
  The order does not impact foreign nationals currently in the U.S., who may continue to seek extensions and changes to visa status, as well as pursue permanent residency. [read post]
23 Jun 2020, 7:30 am by Ilya Somin
The majority opinion by Justice John Paul Stevens also includes a number of significant errors that cut across competing schools of constitutional theory. [read post]
23 Jun 2020, 3:56 am by Edith Roberts
Securities and Exchange Commission, holding 8-1 that the SEC can seek disgorgement of profits as a remedy in court for violating the securities fraud laws if the amount does not exceed the wrongdoer’s net profit and is awarded for the victims. [read post]
22 Jun 2020, 3:03 am by Lynn Jokela
  John blogged on Friday that the President nominated SEC Senior Counsel Caroline Crenshaw to fill the vacancy, but no timetable has been set for her confirmation. [read post]