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27 Jun 2020, 4:07 am
The Court decided that the denial of habeas corpus to non-citizens does not violate the Suspension Clause in Article I of the Constitution. [read post]
26 Jun 2020, 1:54 pm
The Third Circuit ably distills the differences between standing and mootness in an opinion that does little good for the plaintiffs, whose case is moot. [read post]
26 Jun 2020, 11:37 am
Issuing bonds does not mean they are “free money”. [read post]
26 Jun 2020, 8:27 am
Brian Schatz and John Thune shows how these reforms can be accomplished through free-standing legislation. [read post]
26 Jun 2020, 6:19 am
Does Egilman’s opinion hold water? [read post]
26 Jun 2020, 6:01 am
Text Copyright John L. [read post]
25 Jun 2020, 2:47 pm
” ICYMI: Yesterday on Lawfare Cameron Kerry and John Morris discussed private rights of action in privacy legislation. [read post]
25 Jun 2020, 1:17 pm
"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
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
On June 25, 1984, Justice John Paul Stevens wrote the decision for a unanimous court. [read post]
25 Jun 2020, 7:00 am
” 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
Yet, that responsibility does not apply to l [read post]
24 Jun 2020, 7:01 pm
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
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
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]
24 Jun 2020, 10:46 am
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
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
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
If effectiveness is a criterion, what does that mean? [read post]
24 Jun 2020, 7:20 am
Kerry and John B. [read post]