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9 Dec 2015, 9:20 am by Richard Primus
In The New York Timesyesterday, Peter Spiro suggested that Donald Trump’s proposal to bar Muslim immigration, though morally reprehensible, would likely be valid as a matter of prevailing judicial doctrine. [read post]
10 Mar 2015, 7:32 am by Steve Vladeck
Please like our Facebook page and follow Lawfare on Twitter: Follow @lawfareblog The second-day story about the letter by 47 Republican Senators to the government of Iran that Jack’s discussed here and here has shifted to whether these Senators have violated the Logan Act–as Peter Spiro suggested in this post over at Opinio Juris. [read post]
13 Nov 2014, 9:05 pm by Walter Olson
Kip Viscusi: current structure of tort law gives firms like General Motors reason not to investigate risks/benefits of their designs [Alison Frankel, Reuters] California woman in trouble after allegedly sending “faked treatment documents and burn photos from a hospital website” to bolster hot coffee spill claim against McDonald’s [ABA Journal] Despite Kumho Tire, Joiner, and amendments to evidence rules in 2000, Eighth Circuit cuts its own liberal path on expert witness… [read post]
3 Nov 2014, 4:39 am by Amy Howe
  Commentary on the case comes from Akiva Shapiro in The Wall Street Journal (subscription required), Garrett Epps for The Atlantic, Eugene Kontorovich of The Volokh Conspiracy (parts one and two), Marty Lederman at Just Security, Jack Goldsmith at Lawfare, Michael Ramsey at The Originalism Blog, Gershom Gorenberg in The American Prospect, and Peter Spiro at Opinio Juris. [read post]
2 Nov 2014, 11:58 pm
Peter Spiro has noted how little amicus support the government’s position has, particularly the absence of briefs from former diplomats. [read post]
17 Sep 2014, 1:17 pm by Robert Chesney
Writing today at Opinio Juris, for example, Peter Spiro concludes that the President’s 2001 AUMF argument is likely to “stick. [read post]
10 Sep 2014, 8:54 pm
Some defenders of the administration, such as legal scholar Peter Spiro, argue that the campaign against ISIS does not need congressional authorization because it is not a “real war,” primarily because the president assures us it will be limited to air strikes and probably won’t involve a risk of significant US casualties. [read post]
8 Sep 2014, 12:55 pm by Robert Chesney
[update: This post by Peter Spiro at Opinio Juris reinforces my point, I think. [read post]
1 Jul 2014, 9:05 pm by Walter Olson
U.S. ruling was a letdown, notably absent was a liberal concurrence defending broad treaty power against critique of Thomas, Scalia et al [Noah Feldman, Bloomberg View, Peter Spiro/Opinio Juris, Julian Ku and John Yoo, David Golove And Marty Lederman] Think before you ratify: in controlled experiment, framing proposed change in domestic law as “required by human rights treaty” boosted support especially among Republicans [Spiro/OJ; more on international human… [read post]
9 Jun 2014, 9:05 pm by Walter Olson
John Fund, SCOTUS’s big case on securities class actions, two lawprofs are jousting [Alison Frankel, Reuters, and there's a Cato connection; earlier] For expats, FATCA raises “prospect of being discriminated against as an American for all things financial” [Peter Spiro/OJ; Sophia Yan, Money] More renounce U.S. citizenship [Yahoo] A Canada-based FATCA resource [Isaac Brock Society] Earlier here, etc. [read post]
8 Jun 2014, 11:58 am by Ingrid Wuerth
But in other preemption cases, the Court has emphasized the primacy of the federal government in foreign relations and applied what Peter Spiro has termed an “exceptional, hair-trigger preemption standard,” instead of the presumption against preemption that the Court generally applies. [read post]
3 Jun 2014, 7:46 am by Jack Goldsmith
Curt Bradley’s thoughts are at AJIL Unbound, the Volokh Conspiracy has commentary by Nick Rosencranz and Ilya Solmin, and Jean Galbraith and Peter Spiro weigh in at Opinio Juris. [read post]
31 Jan 2014, 10:46 am by Immigration Prof
Biebermania continues in the New York Times Room for Debate, with, among others, Ruben Navarette Jr. and Professors Peter Spiro and Joseph Carens sparring on the issue. [read post]
23 Jan 2014, 9:28 am by Eugene Volokh
To get a sense of why some people worry — and rightly so, I think — about the use of foreign law in American constitutional decisionmaking, consider this passage from Professor Peter J. [read post]
27 Dec 2013, 10:16 am by Immigration Prof
Peter Spiro on Opinio Juris reports on key global threads about citizenship practice and policy in 2013 and how they might spin out in 2014. [read post]