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30 Oct 2017, 4:00 am
Did the United States respond to the use of chemical weapons in Syria by launching missiles at Al Shayrat airfield in part because Donald Trump received a green light from American legal advisers who had internalized permissive views on the use of force? [read post]
31 May 2017, 10:13 am
More importantly, they have levers beyond the ballot box at their disposal, including the leadership of the security forces, the judiciary, and a willingness to use any means necessary. [read post]
5 Nov 2018, 11:29 am
Might someone use minor policy disagreements as excuses to subvert the chief executive? [read post]
19 Dec 2012, 11:13 pm
With small contributions from many of us, the Reproducibility Project will provide an empirical basis for assessing our reproducibility as a field (to find out more, or sign up yourself, visit:http://openscienceframework.org/project/EZcUj/). [read post]
27 Aug 2019, 8:38 am
Here are a few examples of such cases culled from recent Office of the Inspector General investigations: Findings of Misconduct by a United States Marshal for Making an Inappropriate Comment about Shooting a Judge and for Lack of Candor Findings of Misconduct by a DEA Assistant Special Agent in Charge for Failure to Act in a Professional Manner, and by a DEA Special Agent in Charge for Favoritism and Providing False Statements to the OIG Concerning the Allegations Involving the ASAC… [read post]
22 Sep 2016, 5:00 am
Yet where business interests are unable to marshal arguments that appeal to the justices’ underlying judicial philosophies, their odds are less favorable, no matter how much business groups may believe is at stake. [read post]
17 Jan 2023, 6:30 am
Lopez) doesn’t say that the opinions of the Marshall Court broadly construing congressional power along Hamiltonian rather than Jeffersonian lines are wrong. [read post]
13 Jun 2023, 7:07 pm
Across the room, the judge’s bench towers over the rest of us. [read post]
3 Oct 2023, 6:30 am
From the South African judgments, it seems that deference is used a variety of ways, including deference to agency findings of fact, deference to agency interpretation of its statutory mandate, and deference to policy decisions, with very little coherence between the different uses. [read post]
28 Mar 2021, 7:01 am
Jessica Brandt of the German Marshall Fund details the threats these authoritarian states pose and how the Biden administration should respond. [read post]
18 Jan 2023, 5:00 am
Lopez) doesn’t say that the opinions of the Marshall Court broadly construing congressional power along Hamiltonian rather than Jeffersonian lines are wrong. [read post]
11 Dec 2020, 9:07 pm
And in turn, that invalidity taints the vote in the Electoral College, by mingling invalid votes with valid ones.As Justice Marshall famously stated in Marbury v. [read post]
25 Jun 2018, 8:16 am
Marshall and Northern Pipeline Construction Co. v. [read post]
20 Jun 2018, 11:53 am
It is, as Chief Justice John Marshall observed of the commerce power in McCulloch v. [read post]
22 Aug 2023, 5:01 am
Again, the empirical data marshaled in favour of claimants and claim defendants in present AI cases will help determine the fate of fair use and other arguments. [read post]
14 Nov 2011, 4:00 am
Indeed, it need merely be capable of substantial noninfringing uses. [read post]
23 May 2022, 8:55 am
Since Russia began its horrific invasion of Ukraine, there has been a concerted global effort to identify lawful ways to freeze, and to seize and use in assisting Ukraine, assets of Vladimir Putin’s oligarchs or of Russia itself. [read post]
12 Jan 2021, 10:36 am
To that end, one of us wrote on Lawfare: “There are many reasons to doubt the memo’s factual integrity. [read post]
13 Sep 2018, 10:15 am
Discover Bank), and should have been successful in defeating the bank’s bid for summary judgment due to defects in the creditor’s affidavit and insufficient proof on all elements of a breach-of-contract claim based on an unsigned contract.Lowering the Bar On appeal, the Third Court of Appeal allowed that the Bank could have done a better job marshaling its evidence in support of its breach-of-contract claim, but it then went on to nevertheless hold that the Bank had… [read post]
14 Dec 2021, 5:54 pm
Why don’t we do one brief for all of us? [read post]
