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International Law

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Selected Works

2014

Constitutional Law

Articles 1 - 3 of 3

Full-Text Articles in Law

Interpreting Force Authorization, Scott Sullivan Sep 2014

Interpreting Force Authorization, Scott Sullivan

Scott Sullivan

This Article presents a theory of authorizations for the use of military force (AUMFs) that reconcilesseparation of power failures in the current interpretive model. Existing doctrine applies the same text-driven models of statutory interpretation to AUMFs that are utilized with all other legal instruments. However, the conditions at birth, objectives and expected impacts underlying military force authorizations differ dramatically from typical legislation. AUMFs are focused but temporary corrective interventions intended to change the underlying facts that prompted their passage. This Article examines historical practice and utilizes institutionalist principles to develop a theory of AUMF decay that eschews text in favor …

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The Road Most Travel: Is The Executive’S Growing Preeminence Making America More Like The Authoritarian Regimes It Fights So Hard Against?, Ryan T. Williams Aug 2014

The Road Most Travel: Is The Executive’S Growing Preeminence Making America More Like The Authoritarian Regimes It Fights So Hard Against?, Ryan T. Williams

Ryan T. Williams

Since September 11, 2001, the Executive branch of the Unites States government continues to accumulate power beyond which is granted to it under the U.S. Constitution. This Article examines how the Executive wields this additional power through a secret surveillance program, the indefinite detention of terror suspects, and the implementation of a kill list, where Americans and non-Americans alike are targeted and killed without any judicial determination of guilt or innocence. Moreover, Congress and the Judiciary have condoned the Executive’s unconstitutional power accumulation by not only remaining idle and refusing to challenge this taking, but by preventing other American citizens …

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Taming The "Feral Beast": Cautionary Lessons From British Press Reform, Lili Levi Mar 2014

Taming The "Feral Beast": Cautionary Lessons From British Press Reform, Lili Levi

Lili Levi

Abstract: As technology undermines the economic model supporting traditional newspapers, power shifts from the watchdog press to those it watches. Worldwide calls for increased press “responsibility” are one result. Pending British press reform provides a troubling example with far-ranging implications for freedom of the press. Under the guise of modest press self-regulation, the U.K. is currently poised to upend 300 years of press freedom via the recently-approved Royal Charter for Self-Regulation of the Press. The Royal Charter was adopted in response to the moral panic engendered by Britain’s tabloid phone-hacking scandal. An example of 20th Century regulation poorly fitted …

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