Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Executive Power (13)
- Constitutional Law (4)
- Legislative Power (4)
- Separation of Powers (3)
- Comparative Law (2)
-
- Independent Regulatory Commissions (2)
- Judicial Power (2)
- United States Congress (2)
- United States Constitution (2)
- W&M Faculty (2)
- War Powers (2)
- War and Emergency Powers (2)
- 2001 (1)
- Administrative Procedure Act (1)
- Administrative courts (1)
- Administrative procedure (1)
- Air Pollution Control (1)
- Antiterrorism Measures (1)
- Civil Rights (1)
- Congressional Review Act (1)
- Cost-benefit analysis (1)
- Criminal Investigation (1)
- Decision writers (1)
- Deregulation (1)
- Emergency Powers (1)
- Examiners (1)
- Executive Orders (1)
- Executive Privilege (1)
- Federal Jurisdiction (1)
- Federal Law Suits (1)
Articles 1 - 23 of 23
Full-Text Articles in Law
Congress, The Courts, And Party Polarization: Why Congress Rarely Checks The President And Why The Courts Should Not Take Congress’S Place, Neal Devins
Neal E. Devins
No abstract provided.
Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins
Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins
Neal E. Devins
With a few exceptions, the Solicitor General controls all aspects of independent agency litigation before the Supreme Court. Solicitor General control of Supreme Court litigation creates a tension between independent agency freedom and the Solicitor General's authority. On the one hand, Solicitor General control provides the United States with a unitary voice before the Supreme Court, and provides the Court with a trustworthy litigator to explicate the government's position. On the other hand, such control may undermine the autonomy of independent agency decision making. In this Article, the author argues for a hybrid model of independent agency litigation in the …
The Steel Seizure Case: One Of A Kind?, Neal Devins, Louis Fisher
The Steel Seizure Case: One Of A Kind?, Neal Devins, Louis Fisher
Neal E. Devins
No abstract provided.
The Line Item Veto: Hearing Before The Subcommittee On The Constitution Of The Committee On The Judiciary, United States Senate, One Hundred First Congress, First Session, Paul Simon, Arnold Cantor, Neal Devins, Louis Fisher
The Line Item Veto: Hearing Before The Subcommittee On The Constitution Of The Committee On The Judiciary, United States Senate, One Hundred First Congress, First Session, Paul Simon, Arnold Cantor, Neal Devins, Louis Fisher
Neal E. Devins
No abstract provided.
The Indefensible Duty To Defend, Neal Devins, Saikrishna B. Prakash
The Indefensible Duty To Defend, Neal Devins, Saikrishna B. Prakash
Neal E. Devins
Modern Justice Department opinions insist that the executive branch must enforce and defend laws. In the first article to systematically examine Department of Justice refusals to defend, we make four points. First, the duties to enforce and defend lack any sound basis in the Constitution. Hence, while President Obama is right to refuse to defend the Defense of Marriage Act, he is wrong to continue to enforce a law he believes is unconstitutional. Second, rather than being grounded in the Constitution, the duties are better explained by the Department of Justice’s (DOJ) desire to enhance its independence and status. By …
Signing Statements And Divided Government, Neal Devins
Signing Statements And Divided Government, Neal Devins
Neal E. Devins
No abstract provided.
Not-So-Independent Agencies: Party Polarization And The Limits Of Institutional Design, Neal Devins, David E. Lewis
Not-So-Independent Agencies: Party Polarization And The Limits Of Institutional Design, Neal Devins, David E. Lewis
Neal E. Devins
No abstract provided.
How Successfully Can The States' Item Veto Be Transferred To The President?, Louis Fisher, Neal Devins
How Successfully Can The States' Item Veto Be Transferred To The President?, Louis Fisher, Neal Devins
Neal E. Devins
No abstract provided.
The Article Ii Safeguards Of Federal Jurisdiction, Tara Leigh Grove
The Article Ii Safeguards Of Federal Jurisdiction, Tara Leigh Grove
Tara L. Grove
Jurisdiction stripping has long been treated as a battle between Congress and the federal judiciary. Scholars have thus overlooked the important (and surprising) role that the executive branch has played in these jurisdictional struggles. This Article seeks to fill that void. Drawing on two strands of social science research, the Article argues that the executive branch has a strong incentive to use its constitutional authority over the enactment and enforcement of federal law to oppose jurisdiction-stripping measures. Notably, this structural argument has considerable historical support. The executive branch has repeatedly opposed jurisdiction-stripping proposals in Congress. That has been true even …
Standing Outside Article Iii, Tara Leigh Grove
Standing Outside Article Iii, Tara Leigh Grove
Tara L. Grove
The U.S. Supreme Court has insisted that standing doctrine is a “bedrock” requirement only of Article III. Accordingly, both jurists and scholars have assumed that the standing of the executive branch and the legislature, like that of other parties, depends solely on Article III. But I argue that these commentators have overlooked a basic constitutional principle: federal institutions must have affirmative authority for their actions, including the power to bring suit or appeal in federal court. Article III defines the federal “judicial Power” and does not purport to confer any authority on the executive branch or the legislature. Executive and …
Congress's (Limited) Power To Represent Itself In Court, Tara Leigh Grove, Neal Devins
Congress's (Limited) Power To Represent Itself In Court, Tara Leigh Grove, Neal Devins
Tara L. Grove
Scholars and jurists have long assumed that, when the executive branch declines to defend a federal statute, Congress may intervene in federal court to defend the law. When invalidating the Defense of Marriage Act, for example, no Supreme Court Justice challenged the authority of the House of Representatives to defend federal laws in at least some circumstances. At the same time, in recent litigation over the Fast and Furious gun-running case, the Department of Justice asserted that the House could not go to court to enforce a subpoena against the executive. In this Article, we seek to challenge both claims. …
The Emperor’S New Clothes: The Variety Of Stakeholders In Climate Change Regulation Assuming The Mantle Of Federal And International Authority, Linda A. Malone
The Emperor’S New Clothes: The Variety Of Stakeholders In Climate Change Regulation Assuming The Mantle Of Federal And International Authority, Linda A. Malone
Linda A. Malone
In June 2017, President Donald Trump announced the United States would be withdrawing from the Paris Climate Accord. President Trump believes the United States should be more focused on its economic wellbeing than on environmental concerns. Since being elected, President Trump has, with the help of the Environmental Protection Agency, been rolling back, or attempting to roll back, major climate change regulations. However, this Article points out that due to factors such as international law, the United States Constitution, and the Administrative Procedure Act, one cannotjust simply withdraw from an international agreement, such as the Paris Accord, or take back …
The Erosion Of Congressional Checks On Presidential Power, Neal Devins
The Erosion Of Congressional Checks On Presidential Power, Neal Devins
Neal E. Devins
No abstract provided.
Congressional-Executive Information Access Disputes: A Modest Proposal - Do Nothing, Neal Devins
Congressional-Executive Information Access Disputes: A Modest Proposal - Do Nothing, Neal Devins
Neal E. Devins
No abstract provided.
Congress's (Limited) Power To Represent Itself In Court, Tara Leigh Grove, Neal Devins
Congress's (Limited) Power To Represent Itself In Court, Tara Leigh Grove, Neal Devins
Neal E. Devins
Scholars and jurists have long assumed that, when the executive branch declines to defend a federal statute, Congress may intervene in federal court to defend the law. When invalidating the Defense of Marriage Act, for example, no Supreme Court Justice challenged the authority of the House of Representatives to defend federal laws in at least some circumstances. At the same time, in recent litigation over the Fast and Furious gun-running case, the Department of Justice asserted that the House could not go to court to enforce a subpoena against the executive. In this Article, we seek to challenge both claims. …
Congress, Civil Liberties, And The War On Terrorism, Neal Devins
Congress, Civil Liberties, And The War On Terrorism, Neal Devins
Neal E. Devins
In exercising his war-making powers, the President has historically pursued war-related initiatives that implicate civil liberties. Meanwhile, the Congress, with little incentive to resist these initiatives, has played a steadily declining role in warmaking. In this Essay, Professor Devins examines this dynamic, and argues that with Congress largely standing on the sidelines as the President leads the nation in war, it is the American public that has become the principal check on the powers of the President in wartime.
Averting Government By Consent Decree: Constitutional Limits On The Enforcement Of Settlements With The Federal Government, Jeremy A. Rabkin, Neal Devins
Averting Government By Consent Decree: Constitutional Limits On The Enforcement Of Settlements With The Federal Government, Jeremy A. Rabkin, Neal Devins
Neal E. Devins
No abstract provided.
Abdication By Another Name: An Ode To Lou Fisher, Neal Devins
Abdication By Another Name: An Ode To Lou Fisher, Neal Devins
Neal E. Devins
No abstract provided.
Bring Back The Draft?, Neal Devins
Regulatory Review In Anti-Regulatory Times, Daniel A. Farber
Regulatory Review In Anti-Regulatory Times, Daniel A. Farber
Daniel A Farber
This article investigates the role of cost-benefit analysis during an antiregulatory period. The period since 2016 has seen several new developments, including the first vigorous use by Congress of its power to overturn recently issued regulations and the creation of novel deregulatory mechanisms layered on top of cost-benefit analysis. This period also contains important examples of sharply reversed CBAs, in which regulations that were said to have large net benefits under Obama are instead said to have net costs under Trump. The Trump Administration’s regulatory review initiatives focus heavily on costs, with limited attention to benefits. Case studies of three …
Alj Support Systems: Staff Attorneys And Decision Writers, Russell L. Weaver
Alj Support Systems: Staff Attorneys And Decision Writers, Russell L. Weaver
Russell L. Weaver
No abstract provided.
The "Ongoing Criminal Investigation" Constraint: Getting Away With Silence, Luke M. Milligan
The "Ongoing Criminal Investigation" Constraint: Getting Away With Silence, Luke M. Milligan
Luke Milligan
No abstract provided.
"Enemy Of The People": Negotiating News At The White House, Carol Pauli
"Enemy Of The People": Negotiating News At The White House, Carol Pauli
Carol Pauli
How can the press serve as a check on executive power when the president calls it “fake” and the White House denies facts? As journalists debate the right response, this article offers advice from the perspective of a journalist who is now in the legal academy. Drawing on legal scholarship in the field of conflict resolution — as well as literature in journalism and political science — this article analyzes the White House press briefing as a negotiation over both the content of news and the relationship of the press and president. It aims to help the press fulfill the …