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26 Jul 2007, 7:56 pm
And think of this, as reported by Marty Lederman: [A]t the Senate Judiciary hearing this week, Senator Durbin . . . asked the AG, in particular, whether it would be legal for a foreign government to subject nonuniformed U.S. personnel to five particular interrogation techniques -- "painful stress positions, threatening detainees with dogs, forced nudity, waterboarding and mock execution. [read post]
25 Jul 2007, 9:42 am
At Balkinization yesterday Marty Lederman alerted us to a newly-released Congressional Research Service report on contempt of Congress. [read post]
24 Jul 2007, 8:21 pm
Via Marty Lederman and scotusblog, the Congressional Research Service has just issued a comprehensive report on the Congress' contempt power. [read post]
20 Jul 2007, 10:09 am
And see Marty Lederman, who links to Reagan era Ted Olson opinion that is the basis for the claim today. [read post]
15 Jul 2007, 11:08 pm
The Appellate Court disagreed.Compelled to be a Witness against HimselfRob Leonard notes that 30 hours of police interrogation can easily produce false confessions – in this case, one that lead to wrongful imprisonment for 22 years.The opposite of “not being compelled to be a witness against yourself” is often “interrogation” or “torture,” and Marty Lederman collects a compendium of Op-Ed pieces on… [read post]
9 Jul 2007, 3:20 am
Your choice, Congress.ADDED: Marty Lederman looks at how Congress might go about seeking the prosecution of the witnesses who won't testify or using a civil suit to get the matter into a court. [read post]
8 Jul 2007, 10:01 pm
Over at Balkinization, Marty Lederman has posted The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, Executive Authority, DOJ and OLC, a comprehensive list with links to the many fine posts by Lederman, Balkin, Graber, Griffin, Horton, Levinson, Luban, Tamanaha, and a variety of guest bloggers. [read post]
7 Jul 2007, 3:35 am
Marty Lederman was nice enough to comment and say he appreciated my analysis, so let's look at what he wrote about the case. [read post]
2 Jul 2007, 3:58 pm
In today's Wall Street Journal, Jess Bravin has this front page article (subscription req'd) on the shift toward limited access and judicial restraint; Linda Greenhouse had this in-depth piece discussing key rulings, reviewing the Term and describing "the Supreme Court that conservatives had long yearned for and that liberals feared" in yesterday's New York Times; Marty Lederman responds to her article (and notes a few exceptions) here at Balkinization. [read post]
1 Jul 2007, 3:28 pm
I want to provide a counterpoint example and it so happens that perhaps the finest Left law blog there is, Balkinization, gives us two of the best examples - Georgetown Law Professor Marty Lederman and Yale Law Professor Jack Balkin. [read post]
26 Jun 2007, 2:45 pm
" Second, the Washington Post has been running a series of revealing stories this week on the dominant role that Cheney has played in the Bush administration across a range of issues.For more on all of that, have a look at what our colleagues Jack Balkin and Marty Lederman have to say over at Balkinization. [read post]
26 Jun 2007, 2:45 pm
Her case is discussed by Marty Lederman over at SCOTUSblog.Aisha Goodison seems right up your alley. [read post]
25 Jun 2007, 9:20 pm
And earlier, Marty Lederman posted these thoughts on both Hein and Morse here. [read post]
25 Jun 2007, 5:50 pm
Marty Lederman, in his post earlier today, called Justice Kennedy the "controlling vote" and his opinion "the controlling concurrence," but I believe that Marty is incorrect. [read post]
25 Jun 2007, 3:26 pm
Some early news reports: AP Bloomberg Reuters Legal Times (Tony Mauro/Law.com) Blogospheric reaction: Rick Pildes Marty Lederman Richard Briffault Bob Bauer Interest group reaction: Gerry Hebert, Campaign Legal Center Democracy 21 My initial reactions are here. [read post]
25 Jun 2007, 10:20 am
Over at SCOTUSblog, Marty Lederman notes: Morse is a very limited holding -- essentially limited to the drug context. [read post]
25 Jun 2007, 9:44 am
(Marty Lederman has some preliminary thoughts over at SCOTUSblog.) [read post]
25 Jun 2007, 9:20 am
Georgetown Law's Marty Lederman weighs in here and Richard Briffault posts these reactions. [read post]
25 Jun 2007, 8:25 am
ADDENDUM: Marty Lederman at ScotusBlog suggests that Morse "is a very limited holding -- essentially limited to the drug context. [read post]
21 Jun 2007, 2:32 pm
A discussant of Marty Lederman's most recent post, on McNulty's testimony, asks, I assume rhetorically, "Can anyone identify the crime that was committed in the firings of the attorneys? [read post]
