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14 Jun 2018, 7:12 am by Joanna Schwartz
" In a world without qualified immunity, John Jeffries fears: [E]very extension of constitutional rights, whether revolutionary or evolutionary, would trigger money damages. [read post]
13 Jun 2018, 11:11 am by Wenqing Zhao, David Stanton
Analysis & Commentary Elsewhere on Lawfare, Duncan Hollis and Matthew Waxman argue that John Bolton’s Bush-era P [read post]
“As you know, the Executive Branch has a longstanding tradition of defending the constitutionality of duly enacted statutes if reasonable arguments can be made in their defense. [read post]
“As you know, the Executive Branch has a longstanding tradition of defending the constitutionality of duly enacted statutes if reasonable arguments can be made in their defense. [read post]
12 Jun 2018, 12:23 pm by Sandy Levinson
 The only one of the three basic branches that might be free from this critique is, of course, the judiciary. [read post]
11 Jun 2018, 4:30 am by Quinta Jurecic
Likewise, Trump has run up against the bureaucracy and internal checks of the executive branch. [read post]
9 Jun 2018, 6:40 pm by Ilya Somin
Each branch of government has an independent responsibility to assess the constitutionality of current and proposed laws. [read post]
8 Jun 2018, 8:55 am by Victoria Clark
A new filing on Thursday outlined the government’s plan for the detainee, identified as John Doe. [read post]
8 Jun 2018, 7:20 am by Marty Lederman
—a suit brought by 18 states, two governors and two private individuals, seeking an injunction against the operation of the entire Affordable Care Act (ACA)—three of the four attorneys representing the United States from DOJ’s Federal Programs Section of the Civil Division, including an Assistant Branch Director (Joel McElvain) and a Senior Counsel (Eric Beckenhauer), moved to withdraw from the case, leaving from Federal Programs only the politically appointed head of the… [read post]
7 Jun 2018, 1:13 pm by Victoria Clark
The man, known as John Doe, is a dual U.S. [read post]
7 Jun 2018, 4:30 am by Richard Fontaine, Vance Serchuk
The problem is that, while a new authorization is legally desirable, its real-world impact is likely to be minimal—doing little more than sanctioning military operations the executive branch is already prosecuting. [read post]
6 Jun 2018, 9:00 am by Josh Blackman
Only the president can issue a pardon, for example, supervise the entire executive branch, remove officers of the United States, negotiate foreign relations, and exercise a host of other powers vested by the Constitution. [read post]
4 Jun 2018, 6:20 am by Rachel Bercovitz
” Rebecca Balebako and John Davis of RAND will address U.S. and European law regarding data privacy. [read post]
4 Jun 2018, 4:53 am by SHG
George Washington lawprof John Banzhaf’s email press release today takes the opposing view. [read post]
1 Jun 2018, 5:22 pm
The work of John Knox, as Special Rapporteur on human rights and the environment, has already pointed toward the engagement of conventional (or orthodox) business and human rights away from its classic concerns to a wider one. [read post]
1 Jun 2018, 3:08 am by Scott Bomboy
” (There’s better evidence Jackson said something like that privately in a letter to a friend, John Coffee.) [read post]