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1 Feb 2007, 10:05 pm
I did this interview about blogging with the Yale Law Report on November 8th, 2006. [read post]
17 Nov 2018, 10:29 am by David Kris
Marty Lederman has done a great job explaining the various early arguments, pro and con, as to whether Whitaker is, as a matter of statutory or constitutional law, duly appointed as the acting attorney general. [read post]
26 Dec 2017, 8:16 am by David Luban
  As Marty Lederman explainedin a recent post, at 9:30 p.m. on the 24th, Doe’s guardian ad litem emailed the Texas shelter and the AUSA to inform them of the new 4:15 appointment time—a step that was necessary in order to inform the shelter employees of when they had to allow Doe’s transport to the clinic, regardless of whether that appointment would be for counseling with the second doctor or an abortion with the first. [read post]
19 Mar 2018, 5:30 am by Steve Vladeck
As Marty Lederman has explained, “The fact that many people came to see the Independent Counsel Act as a bad idea—including for some of the reasons described by Justice Scalia in his lone Morrison dissent—does not mean that they think it was unconstitutional. [read post]
13 Apr 2019, 5:54 am by Paras Shah
As Dapo Akande and Marty Lederman explain, the Headquarters Agreement may provide ICC personnel with certain rights and privileges, including access to the headquarters building. [read post]
3 Jan 2023, 8:25 am by Michael C. Dorf
Indeed, it very closely tracks the argument of an amicus brief that Sam Bagenstos, Marty Lederman, Leah Litman, and I filed in 2017 in the SCOTUS case of Gloucester County School Bd. v. [read post]
9 Apr 2016, 9:53 am by Rita Siemion, Heather Brandon
Marty Lederman provided a broad summary over at Just Security and here at Lawfare Jack Goldsmith, Ashley Deeks, and Daniel Bethlehem have been discussing Egan’s treatment of imminence under the jus ad bellum. [read post]
12 Apr 2016, 12:46 pm by Douglas Cantwell
A host of commentators (respectively, Ashley Deeks, Jack Goldsmith, Daniel Bethlehem, Goldsmith again, Fionnuala Ní Aoláin and Marty Lederman) have weighed-in on why Egan’s definition of “imminence” may seem familiar. [read post]
21 Jan 2016, 11:14 am by Helen Klein
Many of the remaining detainees can’t be prosecuted at all—by either civilian or military courts—in part because, as Marty Lederman notes, “the government was so focused on interrogation-based military detention in the days after 9/11 that it did not make sufficient efforts to collect and preserve admissible evidence that might support a conviction. [read post]
11 Mar 2019, 11:29 am by Peter Margulies
Circuit held and Marty Lederman explained in an invaluable post, Mattis’s recommendations—subsequently embodied in a memo by President Trump—did not reinstate a comprehensive ban on transgender service or merely parrot Trump’s first tweet on the subject. [read post]
7 Feb 2017, 11:36 am by Peter Margulies
However, as Marty Lederman indicated here, Justice Kennedy viewed the process due as modest. [read post]
29 Feb 2016, 10:26 pm by Robert Chesney
[UPDATE: Marty Lederman has a good post on the opinion here.] [read post]
2 Apr 2018, 4:00 am by Elena Chachko
(For an overview of the range of views on this topic, see Christine Gray’s comprehensive treatment of the subject, as well as Marty Lederman’s discussion of imminence and preemption in the counter-terrorism context.) [read post]
22 Mar 2018, 5:23 am by Jack Goldsmith, Maddie McMahon
Benjamin Wittes and Quinta Jurecic have usefully reviewed the models that Special Counsel Robert Mueller might draw on deciding whether and how to tell the world what he learned in his investigation of the Russia matter. [read post]
25 Nov 2014, 6:30 am by Guest Blogger
”  (This in-the-weeds slipperiness is why I am not at all confident that the precedent can be confined in the way, for example, that Marty Lederman opines.) [read post]
21 Feb 2019, 9:05 am by Eugene Volokh
Professors Walter Dellinger and Marty Lederman even filed in support of neither party, saying that this particular Peace Cross ought not be a problem, but other ones they can imagine probably would be. [read post]
20 Jun 2015, 9:30 am by Staley Smith
”   Jack and Marty Lederman starred in this week’s Lawfare Podcast, as they sat down to discuss the Supreme Court’s opinion declaring the Congress cannot require the State Department to designate “Israel” on the passports of American citizens born in Jerusalem, a decision based on the president’s exclusive power to recognize foreign governments. [read post]
13 Apr 2016, 11:41 am by Elina Saxena
Syrian peace talks resumed in Geneva today as President Bashar al Assad proceeded with parliamentary elections. [read post]
14 Oct 2017, 9:26 am by Elena Chachko
As I previously explained, absent additional executive or congressional measures, decertification alone does not trigger any automatic consequences for the continued implementation of the U.S. commitments under the JCPOA (see also Tess Bridgeman and Marty Lederman’s analysis at Just Security). [read post]