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5 Jan 2009, 10:11 am
Kudos to our guest alumna, Dawn Johnsen (left), whom President-Elect Barack Obama's just nominated to restore the Department of Justice office notorious in recent years for having produced the "torture memos" and another memo condoning rendition of persons from Iraq to other countries. [read post]
5 Jan 2009, 10:01 am
More kudos: President Elect-Barack Obama has just nominated Harvard Law Dean Elena Kagan to be the lead government lawyer before the U.S. [read post]
5 Jan 2009, 9:16 am
President-elect Barack Obama has named the first woman to be appointed full-time solicitor general in U.S. history--Harvard Law School Dean Elena Kagan. [read post]
5 Jan 2009, 8:01 am
Reader Adam White passes along an e-mail just sent out on a Harvard Law School listserv apparently coming from Elena Kagan, announcing that President-Elect Obama will announce today that Kagan will... [read post]
4 Jan 2009, 11:44 am
Because I have never worked in the SG's office, I have no sense of how much a new SG can or should play an active role in seeking to push the Supreme Court's jurisdiction in new or revised directions. [read post]
4 Jan 2009, 10:21 am
When Harvard Law School Professor Charles Fried was picked in the Reagan Administration, for example, his first argument to any court ever was earlier in the year he became SG, when he was briefly a Deputy SG. [read post]
4 Jan 2009, 3:25 am
Once it's post on the SG's web site, we'll post a link.This week at CAAF: CAAF has no scheduled oral arguments this week but could issue opinions and/or grants.This week at the CCAs: There do not appear to be any scheduled oral arguments at ACCA, AFCCA, or NMCCA this week. [read post]
28 Dec 2008, 6:29 am
If I calculate correctly, the SG's merits brief in Denedo is due on Friday, 9 January 2009.This week at CAAF: CAAF has no oral arguments this week. [read post]
26 Dec 2008, 2:39 am
But the very fact that Rodriguez is pending on CAAF's docket points to the ongoing importance of the fundamental jurisdictional questions that the Supremes will consider in Denedo.Denedo is also significant in that it's just the third case in which the SG has sought cert to review a CAAF decision and it's the first plenary cert grant issued to review a CAAF decision in a decade. [read post]
21 Dec 2008, 9:11 pm
And if CAAF were to grant review of a case next Monday, the normal briefing schedule would expire on 9 March -- a scheduled oral argument date.The next fixed date on the military justice horizon appears to be Friday, 9 January 2009 -- the date on which, if my calculations are correct, the SG's Denedo brief is due at the Supremes. [read post]
20 Dec 2008, 2:14 am
The federal SG’s office has built its credibility with the U.S. [read post]
15 Dec 2008, 8:23 pm
(As you know, the SG weighed in favoring preemption in Levine, so deference to the SG would be helpful there.) [read post]
13 Dec 2008, 10:30 pm
The Court generally pays special attention to arguments made by the SG (who is sometimes known as the "tenth Justice"), especially its amicus positions.The brief makes the point that the United States had undisputed and unclouded title to the ceded lands, and that interest was conveyed to the State in 1959 at statehood: The Supreme court of Hawaii misread the Apology Resolution to reverse a century's worth of federal law and policy governing the United… [read post]
11 Dec 2008, 3:45 pm
Late last week, the federal government recommended the Court grant certiorari in Republic of Iraq v. [read post]
5 Dec 2008, 11:01 pm
Given the tenor of New York SG Barbara Underwood's exchanges with him, I left the argument with the clear impression that Justice Breyer wouldn't even get to this question--that he believes the state law does discriminate against Section 1983 claims--and that he won't be alone (and perhaps won't even be in the minority) in that regard. [read post]
4 Dec 2008, 2:06 am
[JURIST] A group of 112 former presidents and prime ministers signed a letter [press release and text, PDF] sent to UN Secretary General Ban Ki-moon [official website] on Wednesday urging him to pay a visit to Myanmar [BBC backgrounder; JURIST news archive] before year's end to press for the release of political prisoners there. [read post]