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26 Jun 2018, 3:44 pm
For example, Marty Lederman writes today that the subpoena analysis in Carpenter is “extraordinary” and “groundbreaking” and may trigger “a fundamental transformation of national subpoena practices. [read post]
26 Jun 2018, 2:36 pm
For example, Marty Lederman writes today that the subpoena analysis in Carpenter is "extraordinary" and "groundbreaking" and may trigger "a fundamental transformation of national subpoena practices. [read post]
23 Jun 2018, 7:32 am
On Saturday, Carrie Cordero, Quinta Jurecic, Marty Lederman, and Benjamin Wittes tackled the report and its implications on the Lawfare Podcast. [read post]
18 Jun 2018, 10:55 am
Jen Patja Howell posted the latest Lawfare Podcast where Carrie Cordero, Quinta jurecic, Marty Lederman, and Benjamin Wittes discussed the inspector general’s report. [read post]
16 Jun 2018, 10:30 am
On Friday, Benjamin Wittes got together with Quinta Jurecic, Lawfare's managing editor; Carrie Cordero, former Justice Department official and Lawfare contributor; and Marty Lederman of Just Security and the Georgetown Law school, to talk about the whole report. [read post]
11 Jun 2018, 8:35 pm
The latest state lawsuit challenging portions of the Affordable Care Act is unlikely to get very far. [read post]
9 Jun 2018, 6:40 pm
Georgetown law Professor Marty Lederman notes some additional flaws in this part of the red states' case. [read post]
8 Jun 2018, 8:00 am
” Marty Lederman has this post at the “Balkinization” blog. [read post]
28 Apr 2018, 12:23 pm
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
” 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
Marty Lederman has a very interesting post at Balkinization on national injunctions. [read post]
23 Apr 2018, 4:26 am
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
“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
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
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]
2 Apr 2018, 4:00 am
(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
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
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
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]
9 Feb 2018, 7:30 am
[Thanks to Marty Lederman via Religionlaw for the lead.] [read post]
