Search for: "Marty Lederman"
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4 Oct 2014, 6:50 am
Later, she responded to Marty Lederman’s critique of her article. [read post]
23 Apr 2018, 4:26 am
At Balkinization, Marty Lederman offers “a few thoughts about the almost forgotten, but potentially significant, third Question Presented in the case: ‘Whether the [district court’s] global injunction is impermissibly overbroad. [read post]
11 Nov 2014, 6:25 am
So I’m going to briefly survey the common ground, and then dwell a little on the areas in which I part company with the scholars—Steve Vladeck, Ryan Goodman, Rosa Brooks, Sarah Cleveland, Jen Daskal, Walter Dellinger, Harold Koh, and Marty Lederman—who put the Just Security document together. [read post]
24 Jul 2018, 4:39 am
” At Balkinization, Marty Lederman explains why “[t]he most striking thing about Justice Alito’s majority opinion” in Janus v. [read post]
30 Jun 2017, 5:45 am
Several commentators have already skewered this part of the administration’s policy in detail, including Marty Lederman, Leah Litman, and Amir Ali. [read post]
28 May 2015, 9:00 am
” Commentary comes from Noah Feldman at Bloomberg View, where he suggests that the Court’s decision “will affect the nature of American democracy for generations to come”; from Seth Lipsky, who in the New York Post similarly suggests that the case could “ignite an earthquake in American politics”; from Joey Fishkin, who at Balkinization argues that the case “comes at the law in a kind of funhouse-mirror reverse, aiming to destroy in Equal… [read post]
24 Jun 2008, 6:03 pm
Jack Goldsmith is one example, and Marty Lederman had an excellent post a couple of days ago on Dan Levin, another lawyer in the Office of Legal Counsel who refused to provide legal cover for the Bush administration's torture policies. [read post]
12 Mar 2015, 5:37 am
” However, in my post with Marty Lederman, I also noted that “an entirely different set of arguments and concerns might come into play if the parties were to sign a non-binding agreement that becomes the basis for a legally binding Security Council Resolution. [read post]
26 Apr 2014, 6:55 am
He also congratulated Marty Lederman for calling this one. [read post]
24 Apr 2015, 6:20 am
As Marty Lederman explained in connection with the bin Laden operation, continued non-acknowledgement of such details is not compelled by law. [read post]
28 Sep 2011, 6:36 am
But beyond the big picture, a victory for the church raises many difficult questions about the limits of the civil rights laws, and I think some critics of the ministerial exception, whether in general or as applied to this and other cases, have raised superb questions: I would include Caroline Mala Corbin and Marty Lederman among those critics. [read post]
6 Mar 2015, 7:18 am
” At Balkinization, Marty Lederman discusses and addresses Justice Kennedy’s concerns about coercion, while elsewhere at Balkinization, Brianne Gorod suggests that, “[a]lthough most of the questions that Justice Alito asked were critical of the government’s position, one actually helps demonstrate why the government should prevail. [read post]
28 Nov 2017, 2:43 am
Marty Lederman notes in Balkanization that, “The fairly straightforward argument on the other side—and it’s a fairly compelling one—is that the later-in-time Congress spoke unequivocally in 2010, providing that the Deputy Director ‘shall serve’ as acting Director. [read post]
9 May 2013, 10:12 am
Most notably, I take very seriously David Barron and Marty Lederman, who wrote the following: The textual and historical evidence we have reviewed demonstrates that the Commander in Chief Clause was understood to establish the hierarchical superiority of the President in the military chain of command, thereby both ensuring civilian control over the armed forces and establishing a “superintendence prerogative” with respect to at least some military operations. [read post]
19 Jun 2008, 9:16 pm
For more on the complexities of the Santos case, see Marty Lederman’s post here. [read post]
1 Sep 2014, 1:32 pm
Over at Balkinization, Georgetown law professor Marty Lederman explains why he thinks the Sixth Circuit’s interpretation of the statutory requirements is “untenable” and “disturbing. [read post]
5 Jun 2007, 3:10 pm
" Commentators mused about Twombly's impact: our own Marty Lederman queried here whether Twombly "signal[ed] the rejection of notice pleading" altogether, Scott Dodson raised the prospect that "the Court [was] saying that Rule 8 requires ‘notice-plus' pleading"; and Michael Dorf described a "rough consensus" "that there's no way to understand the decision if it doesn't apply a… [read post]
12 Sep 2014, 7:08 am
As Steve (on Lawfare), Marty Lederman (at Just Security), and Deborah Pearlstein (at Opinio Juris) have analyzed, in making this argument the Administration seems to suggest that ISIS is al Qaeda. [read post]
16 May 2016, 6:07 pm
But this answer was immediately and severely qualified, as Marty Lederman has explained in his exhaustive and expert analysis. [read post]
25 Sep 2017, 1:55 pm
For reasons well summarized by Georgetown law professor Marty Lederman, the Court might well declare these cases moot and decide not to consider them. [read post]
