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13 Nov 2018, 5:13 am by Bob Bauer
Since then, the Department of Justice has published guidance cautioning against this step, but with ample allowance for it to be taken in a case like this. [read post]
12 Nov 2018, 6:16 am by First Mondays
We also take a detour into the constitutionality of Acting Assistant General Matthew Whitaker’s appointment, and answer several questions from the Hotline. [read post]
10 Nov 2018, 12:48 pm by Will Baude
More importantly than a single Supreme Court case, it seems that the elected branches have also disagreed with this restrictive view for a very long time. [read post]
9 Nov 2018, 1:15 pm by George Conway, Benjamin Wittes
(In fact, one of us argued just yesterday that Whitaker’s appointment does indeed violate the Appointments Clause.) [read post]
9 Nov 2018, 12:00 pm by Howard Bashman
“Judges order Mueller to explain impact of Sessions-Whitaker DOJ shakeup”: Darren Samuelsohn of Politico has an article that begins, “A federal appellate court panel on Friday ordered Robert Mueller as well as attorneys trying to knock the special counsel out of his job to file new legal briefs that explain how this week’s shake-up atop the Justice Department could influence their case. [read post]
9 Nov 2018, 8:10 am by Adam Levitin
Of course, Whitaker might just be ignorant, and therefore not acting "knowingly," but this is a case where he should have known before writing. [read post]
9 Nov 2018, 2:00 am by Christopher Tyner
As is often the case with mass shootings, a law enforcement officer was among the victims. [read post]
8 Nov 2018, 9:30 pm by Kate Mancuso
Justice Brett Kavanaugh did not participate in the consideration or decision of the case, which was argued before his confirmation. [read post]
8 Nov 2018, 8:34 am by Amy Howe
Notably, although it was presented to the court by Whitaker, it was signed before yesterday, by the president and Sessions. [read post]
8 Nov 2018, 8:06 am by Jacobs Paul
The California Supreme Court case of Dynamex Operations West, Inc. v. [read post]
8 Nov 2018, 7:04 am by John E. Bies
Section 508 directly addresses Justice Department succession and provides that “[i]n case of a vacancy in the office of Attorney General, . . . , the Deputy Attorney General may exercise all the duties of that office. [read post]
27 Sep 2018, 9:01 pm by Jim Sedor
Supreme Court declined to intervene in the case. [read post]
28 Aug 2018, 8:13 am by Carolyn Shapiro
Potter Stewart’s 1959 confirmation hearing is a case in point. [read post]
27 Jul 2018, 1:25 pm by Anthony Gaughan
I also highly recommend a great article that my co-blogger Steven Lubet wrote with Sara Whitaker called Clarence Darrow, Neuroscientist: What Trial Lawyers Can Learn From Decision Science (36 Am. [read post]
26 Jul 2018, 6:55 am by The Law Offices of John Day, P.C.
At the Law Offices of John Day, we have two intake specialists, Penny Whitaker and Lauren Bates. [read post]
20 Jul 2018, 9:30 am by Steven Boutwell
Whitaker In May the United States Supreme Court issued a long-awaited decision in a trio of cases that concerned whether employers can lawfully use mandatory arbitration agreements containing provisions that preclude employees from pursuing employment claims on a class action basis – and instead require them to pursue their claims in an individual private arbitration proceeding against the employer. [read post]