Search for: "Marty Lederman"
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21 Jan 2023, 6:30 am
Balkinization contributors, led by Marty Lederman, pioneered a genre of constitutional detective criticism, first piecing together the administration’s Article II theories and then dissecting their flaws. [read post]
3 Jan 2023, 8:25 am
Indeed, it very closely tracks the argument of an amicus brief that Sam Bagenstos, Marty Lederman, Leah Litman, and I filed in 2017 in the SCOTUS case of Gloucester County School Bd. v. [read post]
13 Jul 2022, 11:12 am
A set of principles for a new AUMF from leading legal experts Rosa Brooks, Sarah Cleveland, Jen Daskal, Walter Dellinger, Ryan Goodman, Harold Hongju Koh, Marty Lederman, and Steve Vladeck published in Just Security in November 2014 endorsed a sunset. [read post]
28 Jun 2022, 1:01 am
(It should be noted, as Marty Lederman writing for SCOTUSblog pointed out, that DOJ convened a hearing before a designated “hearing officer,” Lawrence Grauman, a well-respected former Kentucky state judge. [read post]
13 May 2022, 5:52 am
It merits highlighting, as Marty Lederman explained in 2016, that the definition of “military objectives” extends far beyond the “munitions factory” example. [read post]
8 Dec 2021, 1:34 pm
When asked to describe the influences behind Lawfare, I usually mention three people: Marty Lederman, for his demonstration project on Balkanization during the Bush administration that a law professor could do first-rate legal scholarship at the speed of journalism; the folks at ScotusBlog for showing how a legal web resource could go infinitely deeper than the mainstream press can or will go; and Eugene Volokh for his assembly of a crew of dispersed legal writers on the… [read post]
4 Aug 2021, 7:50 am
Professors Dawn Johnsen and Marty Lederman at OLC? [read post]
26 Apr 2021, 12:05 am
Saturday: This Week's Ten Most Popular TaxProf Blog Posts Texas House Of Representatives Approves Two New Law Schools Tax Prof Baby: Marty Herschel Kleiman Lederman & Christians: Last-Minute Exam Prep Sunday: God's Mirth Sanctifies Our Laughter Evangelicals And Secularists On Abortion, Covid, Life, And Death Explicit Instruction In Legal Education:... [read post]
10 Nov 2020, 5:39 pm
Other law profs on the Justice team are Dawn Johnsen (Indiana), Pam Karlan (Stanford), Richard Lazarus (Harvard), Marty Lederman (Georgetown), Barb McQuade (Michigan), and Christina Rodriguez (Yale). [read post]
10 Nov 2020, 6:50 am
Even if there is standing, Congress does not require an enumerated power to force no one to do anything, as Marty Lederman and I have separately explained.3. [read post]
5 Nov 2020, 9:27 pm
A long, detailed, and characteristically thoughtful post; here's the intro, though it's all worth reading: Many of the Justices appeared to be troubled by Philadelphia's refusal to contract with Catholic Social Services (CSS) to be a Family Foster Care Agency (FCA) unless CSS agrees not to discriminate against same-sex couples when it certifies whether particular applicants are qualified to be foster parents for children in the City's custody. [read post]
19 Oct 2020, 3:55 pm
I appreciate Marty Lederman's comment on the new Justia essay (by Vik Amar, Evan Caminker, and me) that I linked to on whether the ACA insurance mandate is valid without the tax penalty. [read post]
13 Oct 2020, 8:18 am
“Judge Barrett’s Views on What a Faithful Catholic Judge Should Do When She Has Conflicting Religious and Judicial Obligations”: Marty Lederman has this post at the “Balkinization” blog. [read post]
1 Oct 2020, 9:01 pm
At the very least, don’t the expressed views of five Justices that these powers are insufficient create something that is, as fellow Verdict columnist Mike Dorf put it in an amicus brief co-authored with Marty Lederman, “for all practical purposes precedential”? [read post]
11 Sep 2020, 7:00 am
Moderated by the Supreme Court Institute’s Irv Gornstein, the panel will feature professors Marty Lederman and Paul Smith of Georgetown Law alongside four experienced Supreme Court advocates in private practice: Paul Clement of Kirkland & Ellis, Roman Martinez of Latham & Watkins, Nicole Saharsky of Gibson Dunn and Don Verrilli of Munger, Tolles & Olson. [read post]
7 Aug 2020, 11:54 am
As Marty Lederman notes, more important questions remain about whether the House has a cause of action, whether there is testimonial immunity, and other executive-privilege objections to the subpoenas. [read post]
22 Jul 2020, 1:23 pm
As explained by Marty Lederman on Balkinization, Trump's Memorandum does not affect the way that the Commerce Department will conduct the 2020 Census, or how the actual results will be tallied. [read post]
11 Jul 2020, 8:34 am
Jen Patja Howell shared a discussion on the Lawfare Podcast about Vance, Mazars and their implications moving forward with Benjamin Wittes, Margaret Taylor, Scott Anderson, Quinta Jurecic and Molly Reynolds: Quinta Jurecic also shared a livestream of a conversation about the two cases on “In Lieu of Fun” with Marty Lederman, Dahlia Lithwick, Leah Litman, Margaret Taylor, Wittes, and Kate Klonick: In the wake of President Trump's commutation Friday evening of… [read post]
9 Jul 2020, 1:47 pm
Vance, with Marty Lederman, Dahlia Lithwick, Leah Litman and Margaret Taylor. [read post]
27 Jun 2020, 4:07 am
Howell also shared a discussion on the Lawfare Podcast between Quinta Jurecic, Benjamin Wittes, Jack Goldsmith, and Marty Lederman covering the government’s legal arguments in its effort to obtain a temporary restraining order (TRO) to prevent the publication and distribution of John Bolton’s book. [read post]
