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5 Jun 2023, 5:16 am
As David Barron and Marty Lederman have detailed, Congress probably does have significant power to regulate tactical and operational decision-making, and this could include decision-making around nuclear launches, though the precise boundaries of Congress’s power are not clear (in part because historically Congress hasn’t had much reason or desire to enact such restrictions). [read post]
28 Apr 2018, 12:23 pm
At the beginning of April, commenting on the spate of legislation aimed to protect the special counsel from summary dismissal, Bob Bauer put forward an alternative proposal on Lawfare: Rather than enact a measure to enforce the special counsel rules, Congress might address one of their serious weaknesses: the absence of any requirement that the special counsel report to Congress. [read post]
7 Dec 2014, 8:10 am
For a detailed analysis of the merits of that issue, see Marty Lederman’s exhaustive post from October. [read post]
13 Sep 2012, 6:04 am
(In fact, to the extent the NDAA brought about any change, it was a change limiting detention authority by clarifying that it is, in fact, subject to the laws of war, as Steve and Marty Lederman explained in this post. [read post]
24 Jan 2009, 6:34 am
By elevating folks like Dawn Johnsen and Marty Lederman in Justice, Obama has marginalized the Taylor-like thinking on Bush-Cheneyism. [read post]
27 May 2011, 10:20 am
As I think I can safely say based on past discussions (not to mention recent posts), neither Bobby Chesney, nor Ben Wittes, nor Jack Goldsmith, nor Marty Lederman, nor I (all oft-times on opposing sides of these issues) think such a ban is a good idea. [read post]
11 Mar 2015, 5:18 pm
Marty Lederman (Georgetown): [S]uch communications by legislators with foreign officials — including communications with our adversaries, and sometimes expressing views contrary to those of the Executive branch — are nothing new. [read post]
13 Sep 2014, 6:55 am
He also responded to Marty Lederman’s commentary on his earlier WPR-related posts. [read post]
31 Jan 2015, 10:30 am
” Also, Marty Lederman has a good analysis of the difficulties of applying perfidy in a non-international armed conflict, in the context of the al-Nashiri case, here. [read post]
3 Jul 2018, 5:32 am
” At Balkinization, Marty Lederman argues that even though “most early reports of the Supreme Court’s decision last Tuesday in Trump v. [read post]
21 Jun 2013, 12:56 pm
However, Lyle and Marty Lederman have noted that the Court laid out a roadmap for states that want to restrict voter eligibility when it reasoned that states have the power to decide who can vote. [read post]
29 May 2020, 9:52 pm
Marty Lederman (Georgetown) for the pointer; he also adds that California offered this justification for the distinction in its brief: In the view of state public-health officials, large public gatherings pose a heightened risk of spread because attendees are "stationary in close quarters for extended periods of time. [read post]
12 Mar 2015, 11:32 am
ICYMI: Yesterday, on Lawfare Jack Goldsmith and Marty Lederman argued that there really isn’t a serious question as to the President’s authority to reach a nuclear agreement with Iran, given that the agreement is probably going to be non-binding under international law. [read post]
27 May 2011, 11:16 am
As I think I can safely say based on past discussions (not to mention recent posts), neither Bobby Chesney, nor Ben Wittes, nor Jack Goldsmith, nor Marty Lederman, nor I (all oft-times on opposing sides of these issues) think such a ban is a good idea. [read post]
5 Aug 2014, 6:31 am
FISA and Article III, More Generally Orin’s last point is, as I wrote in my response (and as Marty Lederman and I suggested back in November) the true elephant in the room: The possibility that FISA judges aren’t even exercising Article III power in the first place when they approve surveillance applications. [read post]
30 Jan 2017, 4:27 am
Former DoJ OLC lawyer, now lawprof, Marty Lederman, finds it hard to believe that OLC (still staffed with attorneys from the prior administration) could possibly have approved this EO. [read post]
6 Jul 2014, 7:46 am
(For a contrary view, see Marty Lederman’s post here.) [read post]
13 Jul 2022, 11:12 am
A set of principles for a new AUMF from leading legal experts Rosa Brooks, Sarah Cleveland, Jen Daskal, Walter Dellinger, Ryan Goodman, Harold Hongju Koh, Marty Lederman, and Steve Vladeck published in Just Security in November 2014 endorsed a sunset. [read post]
18 Oct 2006, 11:07 am
[Of course, there are many superb lawyers in the Justice Department with integrity--Marty Lederman of Balkinization was one of them.]. [read post]
10 Oct 2006, 8:14 pm
I know that her articles are literally the first things I turn to (besides Marty Lederman's analyses) when cases come down. [read post]
