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President/Executive Department

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2013

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Land Management, U.S. Bureau Of, Bert Chapman May 2013

Land Management, U.S. Bureau Of, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides a historical overview and current assessment of the role played by the Interior Department's Bureau of Land Management in its ownership of federal lands in western states and its efforts to balance economic development of natural resources and conservation of these resources on these lands.


Subsidies, Agricultural, Bert Chapman May 2013

Subsidies, Agricultural, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides historical and contemporary information on U.S. Government agricultural subsidies and how they affect agricultural policy in the Western U.S.


Proposed Model Act Creating A State Central Hearing Agency (Office Of Administrative Hearings), Board Of Governors Of The National Association Of Administrative Law Judges Apr 2013

Proposed Model Act Creating A State Central Hearing Agency (Office Of Administrative Hearings), Board Of Governors Of The National Association Of Administrative Law Judges

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Alj Support Systems: Staff Attorneys And Decision Writers, Russell L. Weaver Apr 2013

Alj Support Systems: Staff Attorneys And Decision Writers, Russell L. Weaver

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Another Moment In The Evolution Of Administrative Agency Power: The Opinion In Schultz V. Springfield Forest Products, Drew K. Mahady Apr 2013

Another Moment In The Evolution Of Administrative Agency Power: The Opinion In Schultz V. Springfield Forest Products, Drew K. Mahady

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Bush V. Gore: What Happened, And What Does The Supreme Court's New Equal Protection Standard Mean For State Election Officials?, Michael Louis Newman Apr 2013

Bush V. Gore: What Happened, And What Does The Supreme Court's New Equal Protection Standard Mean For State Election Officials?, Michael Louis Newman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Critical Factors Of Adjudication: Language And The Adjudication Process In Executive And Judicial Branch Decisions, Christopher B. Mcneil Apr 2013

Critical Factors Of Adjudication: Language And The Adjudication Process In Executive And Judicial Branch Decisions, Christopher B. Mcneil

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Role Of The Olc In Providing Legal Advice To The Commander-In-Chief After September 11th: The Choices Made By The Bush Administration Office Of Legal Counsel, Arthur H. Garrison Apr 2013

The Role Of The Olc In Providing Legal Advice To The Commander-In-Chief After September 11th: The Choices Made By The Bush Administration Office Of Legal Counsel, Arthur H. Garrison

Journal of the National Association of Administrative Law Judiciary

The first two roles of the U.S. Attorney General from its inception were to represent the interests of the United States before the U.S. Supreme Court and to advise the President on matters of the law. Despite the Attorney General delegating both roles, the former to the Solicitor General and the latter to the Office of Legal Counsel (OLC), the Attorney General and the Department of Justice are by statute and tradition looked upon to be the protectors of the rule of law within the Executive Branch. It is to the Attorney General, and by delegation to the OLC, to …


The Administrative Judiciary's Independence Myth, James E. Moliterno Apr 2013

The Administrative Judiciary's Independence Myth, James E. Moliterno

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Midnight Rules: A Reform Agenda, Jack M. Beermann Apr 2013

Midnight Rules: A Reform Agenda, Jack M. Beermann

Michigan Journal of Environmental & Administrative Law

There is a documented increase in the volume of regulatory activity during the last ninety days of presidential administrations when the President is a lame duck, having either been defeated in a bid for re-election or being at the end of the second term in office. This includes an increase in the number of final rules issued as compared to other periods. The phenomenon of late-term regulatory activity has been called “midnight regulation,” based on a comparison to the Cinderella story in which the magic wears off at the stroke of midnight. This Article looks closely at one species of …


The Powers Of Congress And The President On Matters That Affect U.S. Foreign Affairs, Malvina Halberstam Apr 2013

The Powers Of Congress And The President On Matters That Affect U.S. Foreign Affairs, Malvina Halberstam

Faculty Articles

No abstract provided.


A Time For Presidential Power? War Time And The Constrained Executive, David Levine Apr 2013

A Time For Presidential Power? War Time And The Constrained Executive, David Levine

Michigan Law Review

Between 2002 and 2008 I served as an intelligence officer in the U.S. Air Force. Though I had been deployed overseas several times, my primary place of duty was in the United States. When I landed at Baghdad International Airport in June 2006, however, several things immediately changed for me as a result of military regulations. I had to carry my sidearm and dog tags at all times. I could not eat anywhere other than a U.S. military installation. I could not drink alcohol. My pay was a bit higher. Personally, I was more vigilant, more aware of my surroundings. …


The Independent Medicare Advisory Committee: Death Panel Or Smart Governing?, Robert Coleman Mar 2013

The Independent Medicare Advisory Committee: Death Panel Or Smart Governing?, Robert Coleman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Supreme Court's Take On Immigration In Nken V. Holder: Reaffirming A Traditional Standard That Affords Courts More Time And Flexibility To Decide Immigration Appeals Before Deporting Aliens, Elizaveta Kabanova Mar 2013

The Supreme Court's Take On Immigration In Nken V. Holder: Reaffirming A Traditional Standard That Affords Courts More Time And Flexibility To Decide Immigration Appeals Before Deporting Aliens, Elizaveta Kabanova

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen Mar 2013

California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal , Ann Wise Mar 2013

Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal , Ann Wise

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon Mar 2013

There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind, Edwin L. Felter Jr Mar 2013

Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind, Edwin L. Felter Jr

Journal of the National Association of Administrative Law Judiciary

This article discusses and evaluates several forms of accountability in the administrative law judiciary, and compares them with prevalent forms of accountability in the judicial branch. Felter argues that codes of judicial conduct, as well as formal enforcement mechanisms, work together to maintain a balance of independence and accountability in the administrative law judiciary. The article analyzes the "right kinds" of accountability as distinguished from the "wrong kind" of accountability, i.e., political accountability. The article maintains that decisional independence is the cornerstone of any properly functioning adjudication system. The price of decisional independence is accountability to concepts and mechanisms other …


Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model, Walter J. Brudzinski Mar 2013

Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model, Walter J. Brudzinski

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Three-Dimensional Sovereign Immunity, Sarah L. Brinton Mar 2013

Three-Dimensional Sovereign Immunity, Sarah L. Brinton

Sarah L Brinton

The Supreme Court has erred on sovereign immunity. The current federal immunity doctrine wrongly gives Congress the exclusive authority to waive immunity (“exclusive congressional waiver”), but the Constitution mandates that Congress share the waiver power with the Court. This Article develops the doctrine of a two-way shared waiver and then explores a third possibility: the sharing of the immunity waiver power among all three branches of government.


Presidential Pardon In Singapore: A Comment On Yong Vui Kong V Ag, Shubhankar Dam Mar 2013

Presidential Pardon In Singapore: A Comment On Yong Vui Kong V Ag, Shubhankar Dam

Research Collection Yong Pung How School Of Law

This paper critically analyses the decision of the Singapore Court of Appeal in Yong Vui Kong v Attorney-General in relation to presidential pardon. Two questions were central to the case. First, is the President bound by the decision of the Cabinet in pardon-related matters? Secondly, are decisions regarding pardon—whether made by the Cabinet or President—subject to judicial review? In relation to the first question, the Court based its reasoning on Singapore's political system being a Westminster-inspired model and, therefore, that the President generally undertakes the same functions as the British monarch. However, this paper identifies the unique features of Singapore's …


Untrodden Ground: How Presidents Interpret The Constitution, Harold H. Bruff Feb 2013

Untrodden Ground: How Presidents Interpret The Constitution, Harold H. Bruff

Schmooze 'tickets'

No abstract provided.


Executive Power, The Rule Of Law And The First Obama Administration, Peter M. Shane Feb 2013

Executive Power, The Rule Of Law And The First Obama Administration, Peter M. Shane

Schmooze 'tickets'

No abstract provided.


Democratizing The Executive, Bernadette Meyler Feb 2013

Democratizing The Executive, Bernadette Meyler

Schmooze 'tickets'

No abstract provided.


Long Wars And The Constitution, Stephen M. Griffin Feb 2013

Long Wars And The Constitution, Stephen M. Griffin

Schmooze 'tickets'

No abstract provided.


The Law: Bush, Cheney, And The Separation Of Powers: A Lasting Legal Legacy?, Gordon Silverstein Feb 2013

The Law: Bush, Cheney, And The Separation Of Powers: A Lasting Legal Legacy?, Gordon Silverstein

Schmooze 'tickets'

No abstract provided.


The Myth Of The Free Trade President, Jide Nzelibe Feb 2013

The Myth Of The Free Trade President, Jide Nzelibe

Schmooze 'tickets'

No abstract provided.


The Dangerous Fantasy Of Lincoln: Framing Executive Power As Presidential Mastery, Julie Novkov Feb 2013

The Dangerous Fantasy Of Lincoln: Framing Executive Power As Presidential Mastery, Julie Novkov

Schmooze 'tickets'

No abstract provided.


Passive-Aggressive Executive Power, Corinna Barrett Lain Feb 2013

Passive-Aggressive Executive Power, Corinna Barrett Lain

Schmooze 'tickets'

No abstract provided.


The Emergency Powers Of The Judiciary, Or Necessity And German Constitutionalism, Jacqueline R. Hunsicker Feb 2013

The Emergency Powers Of The Judiciary, Or Necessity And German Constitutionalism, Jacqueline R. Hunsicker

Schmooze 'tickets'

No abstract provided.