Search for: "Marty Lederman"
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28 Apr 2018, 12:23 pm by Quinta Jurecic
At the beginning of April, commenting on the spate of legislation aimed to protect the special counsel from summary dismissal, Bob Bauer put forward an alternative proposal on Lawfare: Rather than enact a measure to enforce the special counsel rules, Congress might address one of their serious weaknesses: the absence of any requirement that the special counsel report to Congress. [read post]
27 Apr 2018, 4:26 am by Edith Roberts
” At Balkinization, Marty Lederman explains “why this is not a case in which the courts are being asked, as Justice Kennedy put it, to review a presidential judgment about ‘whether or not there is … a national exigency. [read post]
25 Apr 2018, 8:37 pm by Samuel Bray
Marty Lederman has a very interesting post at Balkinization on national injunctions. [read post]
23 Apr 2018, 4:26 am by Edith Roberts
At Balkinization, Marty Lederman offers “a few thoughts about the almost forgotten, but potentially significant, third Question Presented in the case: ‘Whether the [district court’s] global injunction is impermissibly overbroad. [read post]
22 Apr 2018, 8:03 pm by Howard Bashman
“On the so-called ‘Global Injunction’ question in the Travel Ban case”: Marty Lederman has this post at the “Balkinization” blog. [read post]
22 Apr 2018, 2:59 pm by Howard Wasserman
Marty Lederman explores the scope-of-injunction issue; he concludes that if the court reaches the scope question, it may be entirely dicta. [read post]
19 Apr 2018, 10:29 pm by Rick Hills
Marty Lederman recently asked me in a comment to an earlier post on Gorsuch’s concurrence in Dimaya how I thought Gundy v. [read post]
9 Apr 2018, 5:18 pm
Professors Marty Lederman, Ilya Somin and Jonathan Adler, to name just three of many professors, have published extremely scholarly and important blog posts over the last few years on many timely aspects of the Trump regime. [read post]
2 Apr 2018, 4:00 am by Elena Chachko
(For an overview of the range of views on this topic, see Christine Gray’s comprehensive treatment of the subject, as well as Marty Lederman’s discussion of imminence and preemption in the counter-terrorism context.) [read post]
22 Mar 2018, 5:23 am by Jack Goldsmith, Maddie McMahon
Benjamin Wittes and Quinta Jurecic have usefully reviewed the models that Special Counsel Robert Mueller might draw on deciding whether and how to tell the world what he learned in his investigation of the Russia matter. [read post]
19 Mar 2018, 5:30 am by Steve Vladeck
As Marty Lederman has explained, “The fact that many people came to see the Independent Counsel Act as a bad idea—including for some of the reasons described by Justice Scalia in his lone Morrison dissent—does not mean that they think it was unconstitutional. [read post]
26 Feb 2018, 10:14 am by Nienke Grossman
Marty Lederman recently called out a conference at the University of San Diego for having 14 men and one woman, on Twitter: “We academics (present company included) should stop treating this as acceptable/unremarkable. [read post]
11 Jan 2018, 11:51 am by Rick Hills
Adam Cox, Marty Lederman, and Cristina Rodriguez have offered four paragraphs over at Balkinization on why Secretary Duke's rescission of DACA might be illegal because Duke's reasons for the decision were "arbitrary and capricious" under APA section 706. [read post]
3 Jan 2018, 2:57 pm by Benjamin Wittes
I'm thrilled I'll be able to do so again at GULC. — Marty Lederman (@marty_lederman) January 3, 2018 Doug is heading to Georgetown Law’s Institute for Constitutional Advocacy and Protection (ICAP), which accounced his move as follows: Letter will serve as senior litigator from practice at ICAP, which has both spearheaded and supported a variety of high-impact litigation since its launch in August. [read post]
2 Jan 2018, 7:33 pm by Jonathan H. Adler
As Marty Lederman notes in a post highly critical of the SG's office: Because of this action by the SEC, the question presented will not "continue to arise absent this Court's intervention," nor will "the Commission's ability to enforce the nation's securities laws [be] put on hold pending this Court's resolution of the question presented. [read post]
2 Jan 2018, 4:28 am by Edith Roberts
” Briefly: At Balkinization, Marty Lederman and David Luban weigh in on the government’s cert petition in Hargan v. [read post]
31 Dec 2017, 10:36 am by Marty Lederman
By Marty Lederman and David LubanThis coming Friday, the Supreme Court Justices are scheduled to consider, at conference, the government’s nominal “petition for certiorari” in No. 17-654, Hargan v. [read post]
26 Dec 2017, 8:16 am by David Luban
  As Marty Lederman explainedin a recent post, at 9:30 p.m. on the 24th, Doe’s guardian ad litem emailed the Texas shelter and the AUSA to inform them of the new 4:15 appointment time—a step that was necessary in order to inform the shelter employees of when they had to allow Doe’s transport to the clinic, regardless of whether that appointment would be for counseling with the second doctor or an abortion with the first. [read post]