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Articles 1 - 18 of 18
Full-Text Articles in Law
The Inspector General On The Fbi In Fall 2016: How A Fateful Delay Set The Stage For The Ultimate October Surprise, Peter Margulies
The Inspector General On The Fbi In Fall 2016: How A Fateful Delay Set The Stage For The Ultimate October Surprise, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Containing Iran And Maintaining Legitimacy, Peter Margulies
Containing Iran And Maintaining Legitimacy, Peter Margulies
Law Faculty Scholarship
No abstract provided.
How The Constitution Become Christian, Jared Goldstein
How The Constitution Become Christian, Jared Goldstein
Law Faculty Scholarship
No abstract provided.
Fighting Over The Conservative Banner, Carl Bogus
Fighting Over The Conservative Banner, Carl Bogus
Law Faculty Scholarship
No abstract provided.
Juries, Judges, And The Politics Of Tort Reform, David Logan
Juries, Judges, And The Politics Of Tort Reform, David Logan
Law Faculty Scholarship
No abstract provided.
The American Liberty League And The Rise Of Constitutional Nationalism, Jared Goldstein
The American Liberty League And The Rise Of Constitutional Nationalism, Jared Goldstein
Law Faculty Scholarship
No abstract provided.
The Tea Party's Constitution, Jared Goldstein
The Tea Party's Constitution, Jared Goldstein
Law Faculty Scholarship
No abstract provided.
The Tea Party Movement And The Perils Of Popular Originalism, Jared A. Goldstein
The Tea Party Movement And The Perils Of Popular Originalism, Jared A. Goldstein
Law Faculty Scholarship
The Tea Party movement presents something of a curiosity for constitutional theory because it combines originalist ideology and popular constitutionalist methods. Like minotaurs, werewolves, and other half-man, half-animal hybrids of myth and legend, the Tea Party's hybrid of originalism and popular constitutionalism serves to expose the limitations of both sources upon which it draws. Although originalists assert that interpreting the Constitution according to its original meaning would take politics out of constitutional law, the Tea Party movement shows that originalism also provides a powerful political rhetoric. Moreover, while popular constitutionalists assert that democracy would be advanced by empowering the people …
Can Popular Constitutionalism Survive The Tea Party Movement?, Jared Goldstein
Can Popular Constitutionalism Survive The Tea Party Movement?, Jared Goldstein
Law Faculty Scholarship
No abstract provided.
Judging Myopia In Hindsight: Bivens Actions, National Security Decisions, And The Rule Of Law, Peter Margulies
Judging Myopia In Hindsight: Bivens Actions, National Security Decisions, And The Rule Of Law, Peter Margulies
Law Faculty Scholarship
Liability in national security matters hinges on curbing both official myopia and hindsight bias. The Framers knew that officials could be short-sighted, prioritizing expedience over abiding values. Judicial review emerged as an antidote to myopia of this kind. However, the Framers recognized that ubiquitous second-guessing of government decisions would also breed instability. Balancing these conflicting impulses has produced judicial oscillation between intervention and deference. Recent decisions on Bivens claims in the war on terror have defined extremes of deference or intervention. Cases like Ashcroft v. Iqbal and Arar v. Ashcroft display a categorical deference that rewards officials' myopia. On the …
The Detainees' Dilemma: The Virtues And Vices Of Advocacy Strategies In The War On Terror, Peter Margulies
The Detainees' Dilemma: The Virtues And Vices Of Advocacy Strategies In The War On Terror, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Clear And Present Internet: Terrorism, Cyberspace, And The First Amendment, Peter Margulies
The Clear And Present Internet: Terrorism, Cyberspace, And The First Amendment, Peter Margulies
Law Faculty Scholarship
No abstract provided.
True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies
True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies
Law Faculty Scholarship
Ideological agendas distort the deliberation required for sound legal advice about national security. Elite government lawyers after September 11 advanced a theory at the expense of context, labeling legal constraints as "lawfare" against American interests. The lawfare critics failed to recognize that legal constraints can empower decision makers by reinforcing reputational and other long-term values. They also failed their history test, ignoring the lessons of presidents from Jefferson to Kennedy who rejected a rigid adherence to ideology in the national security realm. By discounting context, the construction of the lawfare paradigm produced dire results, including the torture memos drafted by …
Heller And Insurrectionism, Carl Bogus
Gun Control And America's Cities: Public Policy And Politics, Carl Bogus
Gun Control And America's Cities: Public Policy And Politics, Carl Bogus
Law Faculty Scholarship
No abstract provided.
When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy Legal Issues Surrounding Guantanamo Bay, Peter Margulies
When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy Legal Issues Surrounding Guantanamo Bay, Peter Margulies
Law Faculty Scholarship
No abstract provided.
When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy, Peter Margulies
When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Uncertain Arrivals: Immigration, Terror, And Democracy After September 11, Peter Margulies
Uncertain Arrivals: Immigration, Terror, And Democracy After September 11, Peter Margulies
Law Faculty Scholarship
No abstract provided.