Search for: "Marty Lederman"
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15 Jun 2017, 8:25 am
" And in commentary, at "Just Security," Marty Lederman has a blog post titled "The President Resuscitates the Entry Ban: Where Should the Court Go From Here? [read post]
6 Jun 2017, 8:00 am
Joshua Matz raised the problem of potential mootness last week; Marty Lederman has a detailed post on the issue arguing that the Court should deny the Government's cert petition because the ban expires imminently; Mark Tushnet offered some thoughts along somewhat similar lines. [read post]
5 Jun 2017, 4:18 am
” Marty Lederman argues at Just Security (cross-posted at Take Care) that “all of [the government’s] urgent briefing and pleas for expedition is rather beside the point, because by its own terms, the ‘entry ban’ expires less than two weeks from now. [read post]
2 Jun 2017, 7:27 pm
This is the final part of a five-part series on the Fourth Circuit’s recent en banc decision in IRAP v. [read post]
2 Jun 2017, 5:18 pm
But commentators such as Marty Lederman and Mark Tushnet have suggested that the case either will soon be moot, or could be made moot without the entry ban ever going into effect. [read post]
2 Jun 2017, 3:42 pm
But commentators such as Marty Lederman and Mark Tushnet have suggested that the case either will soon be moot, or could be made moot without the entry ban ever going into effect. [read post]
18 May 2017, 7:22 pm
“Don’t Be So Quick to Call Those Disclosures ‘Legal‘ by Elizabeth Goitein, Just Security, May 17, 2017 “Why Trump’s Disclosure to Russia (and Urging Comey to Drop the Flynn Investigation, and Various Other Actions) Could Be Unlawful” by Marty Lederman and David Pozen, Just Security, May 17, 2017 “Trump’s disclosures to the Russians might actually have been illegal” by Steve Vladeck, Washington Post, May 16, 2017 [read post]
8 May 2017, 7:10 pm
As Marty Lederman noted in our podcast debate, the Department traditionally always defends an EO on the theory that the President has determined it to be lawful. [read post]
19 Apr 2017, 4:38 am
At Balkinization, Marty Lederman explains why he is “doubtful” about “the merits of the letters’ argument that the case is not moot. [read post]
18 Apr 2017, 11:22 am
" Marty Lederman has this post at "Balkinization. [read post]
9 Apr 2017, 6:42 pm
” Marty Lederman had, in a 2013 post, elaborated as follows on the middle ground view: “Between these two categorical views is what I like to call the Clinton/Obama “third way”—a theory that has in effect governed, or at least described, U.S. practice for the past several decades. [read post]
7 Apr 2017, 11:01 am
Likewise, David Barron and Marty Lederman have an important two-part article showing that, at the Founding and across U.S. history, Congress was understood to have significant power to regulate even tactical decisions by the president acting as Commander in Chief—the area at the core of whatever unilateral constitutional war powers the president possesses. [read post]
11 Feb 2017, 4:53 am
Quinta Jurecic posted the Lawfare Podcast, featuring Jack Goldsmith and Marty Lederman’s debate over the actions of former Acting Attorney General Sally Yates. [read post]
7 Feb 2017, 11:36 am
However, as Marty Lederman indicated here, Justice Kennedy viewed the process due as modest. [read post]
6 Feb 2017, 11:19 am
ICYMI: This Weekend, on Lawfare Quinta Jurecic posted the Lawfare Podcast, featuring Jack Goldsmith and Marty Lederman’s debate over the actions of former Acting Attorney General Sally Yates. [read post]
4 Feb 2017, 8:41 pm
Marty Lederman has posted an analysis - with helpful links - at the Just Security blog of the litigation challenging the entry ban targeting nationals of seven countries. [read post]
4 Feb 2017, 10:30 am
We brought on Jack Goldsmith and Marty Lederman, who have both served in senior positions in the Office of Legal Counsel, to discuss Yate's actions. [read post]
2 Feb 2017, 12:08 pm
Marty Lederman, Sally Yates Did the Right Thing Jennifer Daskal, An Overlooked (and Alarming) Piece of Trump’s Immigration EO [read post]
1 Feb 2017, 2:54 pm
Jack Goldsmith and Marty Lederman, who have both served in senior positions in the Office of Legal Counsel, penned responses—Jack criticizing Yates's actions and Marty defending them. [read post]
30 Jan 2017, 4:27 am
Former DoJ OLC lawyer, now lawprof, Marty Lederman, finds it hard to believe that OLC (still staffed with attorneys from the prior administration) could possibly have approved this EO. [read post]