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Executive Privilege: Rhyme Without Reason, Stephen W. Gard
Executive Privilege: Rhyme Without Reason, Stephen W. Gard
Stephen W. Gard
This Article will examine the validity of a presidential claim of executive privilege when exercised against a congressional inquiry by analyzing positions previously taken by proponents of executive privilege. First, the historical usage theory, often cited as a justification for the privilege, will be reevaluated, and it will be suggested that historical precedeht does not support the existence of such a theory. Second, the separation of powers justification will be undercut by close examination of the constitutional principles involved. Finally, attack will be waged on the various public policy arguments used to support the privilege.
Recent Development, Kirby V. Illinois, Stephen W. Gard
Recent Development, Kirby V. Illinois, Stephen W. Gard
Stephen W. Gard
Pre-indictment identification confrontations, without presence of counsel, held constitutionally permitted.
Obscenity And The Right To Be Let Alone: The Balancing Of Constitutional Rights, Stephen W. Gard
Obscenity And The Right To Be Let Alone: The Balancing Of Constitutional Rights, Stephen W. Gard
Stephen W. Gard
While on the one hand a conceptual framework for obscenity cases is essential, it is equally true that the Supreme Court has in the past accepted theories proposed by commentators without making significant progress in extricating itself from the quagmire. In light of this situation, the purpose of this Note is not to urge the Court to accept any new theory for dealing with obscenity, but, rather, to suggest a conceptual framework present in the results of its prior decisions and to urge its explicit acceptance by the Court. No attempt will be made to be faithful to all the …