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24 Oct 2011, 1:11 pm by Robert Chesney
The defense in United States v. al-Nashiri (the next military commission proceeding set to come to trial) has moved for an order (see the second entry under al-Nashiri, # AEO11) obliging the government to declare whether it would continue to hold al-Nashiri in military custody in the event of an acquittal in his military commission proceeding. [read post]
16 Dec 2008, 6:17 pm
The decision at issue is Cipollone v. [read post]
15 Jul 2013, 1:50 pm by WIMS
 "Each state may decide if it wishes to adopt the deferral and proceed accordingly." [read post]
9 Jul 2021, 7:03 am by Monica Williamson
  The Nez Perce Tribe Law & Order Executive Officer (Manager-V), Lapwai, ID. [read post]
12 Apr 2016, 8:48 am by Jack Goldsmith
Marty Lederman says in response to my posts that the big difference between the Bush and Obama preemption doctrines was that the Bush Administration “argued that international law permits the United States to engage in a ‘first use’ strike, in a nonconsenting state, against a state or nonstate actor that has not already engaged in an armed attack against the United States, before any threat of attack is ‘fully formed’ — indeed,… [read post]
21 Jan 2014, 4:27 am by Jon
That is not a defect in Article V, but precisely the way it was supposed to work. [read post]