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3 Dec 2020, 2:03 pm
John Elwood reviews Monday’s relists. [read post]
19 Jan 2011, 10:32 am
(John Elwood) As an alumnus of the Ninth Circuit, Justice Kennedy has at times been particularly critical of that court when he thinks it has applied the law unreasonably. [read post]
17 Jun 2011, 9:19 pm
(John Elwood) As Charlie Savage notes twice in the article Jonathan discusses below, the President and the Attorney General have the authority, in the hierarchical Executive Branch, to overrule the advice of OLC. [read post]
9 Jan 2011, 1:08 pm
(John Elwood) As I suspected, President Obama didn’t go through with issuing a so-called “constitutional signing statement” with respect to the recent legislation placing restrictions on the transfer of detainees out of Guantanamo, through which he would have noted his constitutional objections to the legislation and construed it not to affect his authority to transfer the detainees, or stated that the legislation was unconstitutional and did not validly abrogate… [read post]
24 Jun 2020, 9:50 am
John Elwood reviews the empty space where Monday’s relists would be. [read post]
22 Jun 2011, 8:00 am
(John Elwood) Back in April, Eugene blogged this book, written by my friend, fellow Justice Kennedy alumnus, and fellow Rolling Stones fan Ward Farnsworth, who is a law professor at Boston University. [read post]
10 Nov 2011, 12:13 pm
John Elwood reviews Monday’s relisted and held cases. [read post]
20 Apr 2010, 11:40 am
(John Elwood) One of the things that struck me during the kerfuffle about presidential signing statements during the Bush Administration was the widely held belief that presidential signing statements were immediately and consistently implemented throughout the Executive Branch. [read post]
16 Jun 2010, 8:09 pm
(John Elwood) Two OLC opinions were published today, both quite recent, and both concerning bread-and-butter issues for that Office (note the capital “O,” from force of habit). 1. [read post]
23 Dec 2010, 10:04 pm
(John Elwood) In May 2005, Steven G. [read post]
12 Nov 2020, 7:09 am
John Elwood reviews Monday’s relists. [read post]
21 Jul 2010, 12:14 pm
(John Elwood) Another member of the Obama Administration’s “beachhead team” is leaving OLC. [read post]
28 Jun 2010, 9:31 am
(John Elwood) I have long thought that if the Court invalidated any provision of Sarbanes-Oxley in Free Enterprise Fund v. [read post]
9 Jun 2011, 9:21 am
(John Elwood) Going into this Term, the Federal Circuit had a fairly unenviable record—virtually every one of its judgments under review had been reversed or vacated since January 2008. [read post]
12 Jun 2019, 12:20 pm
Court of Appeals for the District of Columbia Circuit, John Elwood and David Vladeck will re-enact the argument at the D.C. [read post]
30 Jan 2012, 1:03 pm
John Elwood reviews Monday’s relisted and held cases. [read post]
1 Nov 2011, 8:48 am
John Elwood reviews Monday’s relisted and held cases. [read post]
5 Jun 2012, 2:00 pm
John Elwood reviews Monday’s relisted and held cases, among other things. [read post]
13 Dec 2010, 11:26 am
(John Elwood) On a day when traffic to read about the substantively important decision in Virginia v. [read post]
9 Dec 2010, 7:37 am
(John Elwood) Last Term, the Supreme Court vacated former executive Conrad Black’s conviction on the ground that the “honest services” fraud instructions given in his case were invalid under Skilling v. [read post]