Contributors

Marty Lederman

Associate Professor of Law

Georgetown Law

Professor Lederman has been teaching at the Georgetown University Law Center since 2005, except for a stint as Deputy Assistant Attorney General in the Department of Justice's Office of Legal Counsel in the first two years of the Obama Administration.  He also served in OLC from 1994 to 2002.  In 2008, with David Barron, he published a two-part article in the Harvard Law Review examining Congress's authority to regulate the Commander in Chief's conduct of war.  In a 2016 article in the Yale Law Journal Forum, Professor Lederman examined the “least restrictive means” element of the Religious Freedom Restoration Act and how the Court and litigants have been misusing it in recent RFRA litigation involving contraception coverage and antidiscrimination laws.  In a pair of forthcoming articles, Professor Lederman analyzes the purported historical predicates for recognizing a new Article III exception that would permit domestic-law offenses to be tried in military courts:  If George Washington Did It, Does that Make It Constitutional?:  History’s Lessons for Wartime Military Tribunals, 105 Geo. L.J. (forthcoming August 2017), and The Law (?) of the Lincoln Assassination, 118 Colum. L. Rev. (forthcoming March 2018).  Professor Lederman regularly contributes to Just SecurityBalkinization and other blogs.

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Parties' Letter Briefs on Mootness in Entry Ban Case at Supreme Court

10/5/17  //  Uncategorized

A quick assessment of the arguments - and stakes of the arguments - on mootness and vacatur.

Marty Lederman

Georgetown Law

A Primer on the DACA Rescission

10/5/17  //  In-Depth Analysis

Here we address confusions and misconceptions about what DACA is (or was), and what will happen next; about the effects of DHS’s “rescission, and what the legal basis might be for that rescission; about what happens during the so-called six-month “window”; about the prospects that Trump might reverse course in March; and about the current litigation challenging DHS’s rescission.

Marty Lederman

Georgetown Law

Cristina Rodríguez

Yale Law School

Adam Cox

NYU Law School

End of the Travel Ban and Its Litigation (for now, anyway)

9/24/17  //  Commentary

By the time you read this, the heart of the so-called 'travel ban' will probably be no more.

Marty Lederman

Georgetown Law

DOJ's Unconvincing New Definition of 'Emolument'

9/23/17  //  In-Depth Analysis

The President's reply brief in CREW v. Trump offers a new (and flawed) definition of 'emoluments'

Marty Lederman

Georgetown Law

The Functions and Potential (but Fixable) Flaws of the “Protect Mueller” Bills

8/7/17  //  In-Depth Analysis

The bills to protect the special counsel from removal have some rough spots that can and should be worked out.

Marty Lederman

Georgetown Law