Marty Lederman

Articles by this author:

[UPDATED] Magistrate Judge Orenstein’s order in the EDNY, denying DOJ’s All Writs Act request . . .

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Mar 1st, 2016

Apple’s motion to vacate the All Writs Act assistance order: Has Apple chosen the best “test case”?

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Feb 26th, 2016

The President’s Plan for Closing the Guantánamo Bay Detention Facility

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Feb 23rd, 2016

Closing GTMO: “Why wasn’t there a clearly delineated strategy?”

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Jan 3rd, 2016

“Expansion” or contraction?: The case of Special Operations forces in the Middle East

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Dec 28th, 2015

What explains the three-year delay on the Slahi habeas petition?

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Dec 24th, 2015

An unspecified (and unclear) debate about the Rules of Engagement in Syria

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Dec 23rd, 2015

Why should the Constitution require Article III courts for criminal trials of federal offenses?

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Dec 14th, 2015

The last-minute “correction” that might have saved the Paris climate accord

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Dec 13th, 2015

The Schiff AUMF: It’s even better than that

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Dec 11th, 2015

Reflections from the en banc al Bahlul oral argument

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Dec 1st, 2015

Clarifying what’s at stake in al Bahlul (short answer: judge and jury) . . . and what’s not

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Nov 30th, 2015

The President’s NDAA signing statement re: GTMO and anti-torture provisions

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Nov 25th, 2015

The insoluble Guantánamo problem (Part Three: Executive disregard of the GTMO-to-U.S. relocation prohibition is not a solution)

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Nov 13th, 2015

The insoluble Guantánamo problem (Part Two: The NDAA restrictions)

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Nov 12th, 2015

The insoluble Guantánamo problem (Part One: The President’s successful transformation of U.S. detention practices . . . and the GTMO exception)

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Nov 12th, 2015

Power Wars Symposium: Further on the law of the bin Laden operation, Part II

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Nov 4th, 2015

Power Wars Symposium: Further on the law of the bin Laden operation, Part I

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Nov 3rd, 2015

[corrected] GTMO provisions are one of three reasons for the President’s NDAA veto today

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Oct 22nd, 2015

Bart Gellman at Purdue: Is it lawful to discuss and display the Snowden documents in universities?

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Oct 21st, 2015

The Ba Odah hearing before Judge Hogan

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Oct 20th, 2015

Darkness?

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Oct 10th, 2015

The government’s baffling brief in Ba Odah

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Aug 27th, 2015

NY Times gets legislative and constitutional dynamic on Iran deal fundamentally wrong

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Aug 18th, 2015

Further on the constitutionality of the nonbinding Iran JCPOA (and the conspicuous absence of congressional disagreement about it)

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Aug 12th, 2015

What, exactly, does yesterday’s American Psychological Association resolution prohibit?

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Aug 8th, 2015

Judge Lamberth decides Warafi

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Jul 30th, 2015

Intelligence Community supports codification of the President’s prohibition on use of EITs and requirement of ICRC detainee access

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Jul 24th, 2015

Thoughts on Zivotofsky, Part Seven: “Curtiss-Wright–out of sight,” and the fate of the argument for an exclusive executive diplomatic authority

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Jun 14th, 2015

Zivotofsky podcast

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Jun 13th, 2015

Thoughts on Zivotofsky, Part Six: Why the majority’s surprising decision on executive exclusivity is unpersuasive

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Jun 13th, 2015

Thoughts on Zivotofsky, Part Five: Why did the majority choose to decide whether the President’s “recognition” power is exclusive?

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Jun 13th, 2015

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