Search for: "Deborah Pearlstein"
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3 Jun 2014, 12:36 pm
NOTE: In developing this post, I have been influenced by arguments made by legal scholars Larry Rosenthal and Deborah Pearlstein on a constitutional law professor e-mail list that I am a member of. [read post]
18 Jul 2019, 3:52 am
” Additional analysis and commentary comes from James Hohmann for The Washington Post; Jane Schacter and Pamela Karlan at Stanford Law School’s Legal Aggregate blog, here and here; Deborah Pearlstein at TPM Café; and Richard Hasen at Slate, who maintains that Stevens’ controlling opinion for the court in Crawford v. [read post]
3 Apr 2012, 3:00 am
Deborah Pearlstein, Benjamin N. [read post]
13 Mar 2009, 11:46 pm
Thus, there is reason to question whether the United States is acting in accordance with the laws of war it claims as authority.Additionally, to cite just 2 additional concerns (our colleague Deborah Pearlstein cites others in her Opinio Juris post), yesterday's Memorandum:ââ [read post]
5 Jan 2010, 1:37 pm
Lyle Denniston already has a thorough summary here, and Deborah Pearlstein has some thoughts on, inter alia, the hard-to-follow (if not non-sensical) international law discussion here.I wanted to write separately, though, to flag Judge Brown's separate (and solo) concurrence. [read post]
17 Nov 2009, 6:14 am
As Deborah Pearlstein points out , the administration has failed to provide a consistent, let alone valid, legal theory why one case goes to a military commission and another to federal court—why one prisoner gets full due process in a federal trial while another receives due process lite in a refurbished commission. [read post]
19 May 2012, 6:00 am
Deborah Pearlstein’s comments situated the issue of liability of private military contractors against the broader background of waning legal and political accountability in the use of American war power more generally. [read post]
7 Mar 2011, 8:25 pm
Moreover, as Deborah Pearlstein observes, it is unclear why a detainee whose release is denied by the PRB—and who has already spent nearly a decade imprisoned at Guantanamo—must wait an additional three years for another shot. [read post]
15 Oct 2018, 3:53 am
” For The Washington Post, Deborah Pearlstein reviews “The Most Dangerous Branch,” David Kaplan’s new book about the Supreme Court, in which Kaplan argues that the court “lost its legitimacy as an apolitical arbiter of the nation’s most important constitutional disputes long ago. [read post]
26 Apr 2013, 7:25 pm
Julian Ku and Deborah Pearlstein at Opinio Juris noted this problem earlier today here and here, respectively. [read post]
12 Apr 2011, 7:58 am
Special Operations CommandModerator: Claire FinkelsteinCommentator: Deborah Pearlstein, Visiting Faculty Fellow, University of Pennsylvania Law SchoolIn recent years, we have come to appreciate that the United States faces real and profound terrorist threats from both domestic and international terrorists. [read post]
19 May 2014, 2:50 pm
” Deborah Pearlstein of Opinio Juris and Cardozo Law School sponsored a fabulous roundtable on this subject last year, which brought together a wide variety of viewpoints on whether the new regime would just be the old regime in new justificatory language; Deborah’s recent draft article is at SSRN. [read post]
12 Sep 2014, 9:34 am
Many academics have already grappled with the issue of whether the President has authority for this type of military action under domestic law, with most arguing that the President did not have authority under the Authorization to Use Military Force (AUMF) (see Deborah Pearlstein’s post on Opinio Juris and Marty Lederman’s and Jen Daskal’s posts on Just Security). [read post]
2 Mar 2010, 6:45 am
At Balkinization, Deborah Pearlstein applauds the Court’s decision, asserting that a potential decision against the Uighurs “might have cemented a permanently bad outcome for the remaining Guantanamo detainees” that have not yet been released. [read post]
12 Sep 2014, 7:08 am
As Steve (on Lawfare), Marty Lederman (at Just Security), and Deborah Pearlstein (at Opinio Juris) have analyzed, in making this argument the Administration seems to suggest that ISIS is al Qaeda. [read post]
24 May 2010, 6:37 am
At Balkinization, Deborah Pearlstein criticizes the D.C. [read post]
11 Feb 2013, 9:01 am
Deborah Pearlstein wrote in Slate about those details that were left out of the White Paper. [read post]
17 May 2012, 6:00 am
And although I think Deborah Pearlstein is exactly right to link the problems of contractor liability to the broader “waning public accountability for national security and military affairs more generally,” the specifics also matter, since a host of recent legal developments have focused on the case for (or against) contractor accountability as such. [read post]
4 Apr 2015, 6:55 am
Gene Healy of the Cato Institute, Deborah Pearlstein of Cardozo Law, Philip Bobbitt of Columbia Law School, and Akhil Reed Amar of Yale Law School debated the resolution “The president has exceeded his constitutional authority by waging war without congressional authorization. [read post]
30 Mar 2012, 5:29 am
Finally, returning to questions raised in Tuesday’s arguments, the Consumer Law & Policy Blog, Concurring Opinions, the Volokh Conspiracy, the Chicago Tribune, Balkinization’s Mark Tushnet and Deborah Pearlstein, and Reason all discuss the ACA’s individual mandate. [read post]
