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6 Feb 2013, 10:45 am by Jonathan Hafetz
Note here Quirin and Hamdi's reference to clearly established and universally accepted law-of-war principles in finding the president's use of the military constitutional.The paper does acknowledge that procedural due process can limit the president's authority to use military force against a U.S. citizen, citing Hamdi and its invocation of the Matthews v. [read post]
10 Feb 2017, 10:20 am by Jordan Brunner
Ben reviewed the two big questions at issue in Washington v. [read post]
6 Feb 2018, 2:49 pm by Andrew Keane Woods, Peter Swire
 This first issue has percolated through the U.S. courts for the last few years and the Supreme Court is scheduled to hear oral argument in United States v. [read post]
8 Dec 2010, 10:48 am
" Update: You can access the transcript of today's U.S. [read post]
26 May 2018, 7:19 am by Rachel Bercovitz
Sarah Grant flagged a May 23 letter by the U.S. [read post]
14 Nov 2006, 5:32 am
I've argued that this provision is unconstitutional, but no court has yet ruled on the question.In Dred Scott v Sanford, Chief Justice Taney argued that blacks had no rights which the white man was bound to respect. [read post]
6 Dec 2007, 2:31 am
If you've ever sat at a railroad crossing waiting for a freight train to pass, it is such agony as an endless stream of cars rolls by. [read post]
26 Feb 2020, 8:34 pm by Eugene Volokh
Adams, 345 U.S. 461, 468–70 (1953) (elections); Marsh v. [read post]
16 Nov 2014, 9:05 pm by Walter Olson
“How Operation Choke Point Hurts the Unbanked” [former FDIC chairman William Isaac, American Banker] A nation of snitches: “U.S. rules would expand white collar crime informers” [Reuters] Courts should stop giving deference to agency interpretations of criminal law: “Justice Scalia’s shot across the SEC’s bow re insider trading” [Bainbridge] Judge Rakoff criticizes SEC for bringing so many enforcement proceedings to in-house… [read post]