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14 Feb 2017, 5:00 am
First, as Steve Vladeck has argued, the text is so vague that it might be unconstitutional. [read post]
7 Feb 2017, 11:36 am
Trump in which Steve Vladeck, Judith Resnik and other scholars serve as co-counsel provides a more optimistic view of the constitutional prospects for noncitizens abroad, the reality is more grim. [read post]
2 Feb 2017, 12:08 pm
Explainers on the Muslim Ban EO and Its Aftermath Jay Shooster, Comparing: The Leaked Draft vs Final Executive Order Barring Citizens of 7 Muslim-Majority Nations and All Refugees Steve Vladeck, The Airport Cases: What Happened, and What’s Next? [read post]
2 Feb 2017, 9:29 am
In this case, mentioned in Lawfare’s comprehensive analysis and by Steve Vladeck, the shiny object is Gorsuch’s concurrence critiquing the domination of Chevron deference in administrative law. [read post]
2 Feb 2017, 7:50 am
Still no music, but Steve Vladeck and I have posted Episode 2 of our new National Security Law Podcast, “If You Thought That Last Executive Order Was Controversial…” In it, we discuss President Trump’s new Executive Order on immigration, last weekend’s use of military force in Yemen, and . . . our predictions for the Super Bowl and President Trump’s nominee to the Supreme Court (we recorded yesterday afternoon; Steve's… [read post]
1 Feb 2017, 11:51 am
Immigration and Criticism of Chevron As Steve Vladeck noted this morning, “Gorsuch is perhaps best known for his strong views on one of the central questions of modern administrative law — how much deference courts should give to government agencies. [read post]
30 Jan 2017, 4:11 am
” At Just Security, Steve Vladeck observes that Hardiman joined an appeals court ruling holding that “non-citizens physically but not lawfully present on U.S. soil are not protected by the Constitution’s Suspension Clause–meaning that they have no constitutional right to judicial review, even if their detention and/or removal from the country is clearly unlawful,” and argues that this position “should provoke questions from the… [read post]
26 Jan 2017, 4:30 am
The world probably does not need another podcast, but it’s getting one anyway… As many of you already know, my friend Steve Vladeck joined me on the faculty at UT-Austin this past fall. [read post]
25 Jan 2017, 9:13 am
Whatever ambiguity was left concerning the legality of waterboarding and other aggressive interrogation techniques was eliminated by the McCain-Feinstein Amendment to the FY2016 National Defense Authorization Act, which, as Steve Vladeck notes, requires ICRC access to detainees and “limits the techniques that can be used against any detainee either in U.S. custody, under the effective control of the United States, or held in a facility owned,… [read post]
19 Jan 2017, 10:17 am
Steve Vladeck has detailed how Congress “delegated broad swaths of emergency power to the President” through the Militia Acts, currently codified under 10 U.S.C. [read post]
17 Jan 2017, 8:30 am
Steve Vladeck, writing for Just Security, argues that this is a potential distraction. [read post]
13 Jan 2017, 7:02 am
"The Supreme Court, the Trump Transition, and the Future of the Constitutional 'Border'": Steve Vladeck has this post today at "Just Security. [read post]
13 Jan 2017, 4:18 am
” At Just Security, Steve Vladeck observes that the effect of Trump’s proposed policies on “the individual rights of non-citizens, be they immigrants physically in the United States (with or without lawful status, Muslim and otherwise), arriving non-citizens stopped “at the border,” refugees seeking shelter from active war zones or other inhumane conditions, or those on foreign soil who are subjected to U.S. uses of force (whether… [read post]
11 Jan 2017, 11:10 am
Check out Steve Vladeck's new ACS issue brief, The Bivens Term: Why the Supreme Court Should Reinvigorate Damages Suits Against Federal Officers. [read post]
11 Jan 2017, 4:25 am
Steve Vladeck analyzes the argument for this blog. [read post]
9 Jan 2017, 8:20 am
An excellent summary is also available from Steve Vladeck at Scotusblog.com.) [read post]
9 Jan 2017, 3:53 am
Steve Vladeck previewed the case for this blog. [read post]
7 Jan 2017, 7:32 am
Mesa, and Andrew and Steve Vladeck exchanged views on the subject. [read post]
5 Jan 2017, 2:09 pm
(See, for example, Andrew Kent’s posts here and here, describing these downsides, as well as Steve Vladeck’s response here). [read post]
3 Jan 2017, 9:28 am
Steve Vladeck responded, and Andrew provided further comments. [read post]
