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Articles 1 - 19 of 19
Full-Text Articles in Law
Understanding & Tracking Presidential Transitions, Ashley A. Ahlbrand
Understanding & Tracking Presidential Transitions, Ashley A. Ahlbrand
Articles by Maurer Faculty
No abstract provided.
The Cultural Politics Of Dan Quayle And Mike Pence, Steve Sanders
The Cultural Politics Of Dan Quayle And Mike Pence, Steve Sanders
Articles by Maurer Faculty
This essay was part of an Indiana Law Review symposium on the five U.S. vice presidents who have hailed from Indiana.
The Gallup polling organization classifies Indiana as a “pink” state, rather than a “red” state, meaning it leans Republican but is not solidly in the GOP column. Yet, if an image of Indiana persists in many people’s minds as a bastion of social conservatism and tradition, that image likely has been shaped in part by the two most recent vice presidents the Hoosier state has sent to Washington: Dan Quayle and Mike Pence.
In selecting their running mates, major …
Toward Restoring Rule-Of-Law Norms, Dawn E. Johnsen
Toward Restoring Rule-Of-Law Norms, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
The Lawyers' War: Counterterrorism From Bush To Obama To Trump, Dawn E. Johnsen
The Lawyers' War: Counterterrorism From Bush To Obama To Trump, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
"The Essence Of A Free Society": The Executive Powers Legacy Of Justice Stevens And The Future Of Foreign Affairs Deference, Dawn E. Johnsen
"The Essence Of A Free Society": The Executive Powers Legacy Of Justice Stevens And The Future Of Foreign Affairs Deference, Dawn E. Johnsen
Articles by Maurer Faculty
After 9/11, Justice John Paul Stevens insisted the United States maintain its foundational commitment to the rule of law—the very “essence of a free society.” Justice Stevens led the Court’s scrutiny and rejection of early Bush Administration policies regarding the detention and prosecution of suspected terrorists. Since it lost Justice Stevens’s passionate and principled voice in 2008, the Court has not addressed the scope of the President’s military detention authority. This Article considers Justice Stevens’s role in the Court’s altered stance, and also a complementary explanation: the Obama Administration’s improved interpretation and exercise of executive authority. Informed and inspired by …
Foreward: President Barack Obama Law & Policy Symposium, Kevin D. Brown
Foreward: President Barack Obama Law & Policy Symposium, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
All The President's Lawyers: How To Avoid Another "Torture Opinion" Debacle, Dawn E. Johnsen
All The President's Lawyers: How To Avoid Another "Torture Opinion" Debacle, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
What's A President To Do? Interpreting The Constitution In The Wake Of Bush Administration Abuses, Dawn E. Johnsen
What's A President To Do? Interpreting The Constitution In The Wake Of Bush Administration Abuses, Dawn E. Johnsen
Articles by Maurer Faculty
President George W. Bush and his executive branch lawyers have earned widespread criticism for extreme positions and practices regarding the scope of presidential authority. The war on terror that followed the September 11, 2001 terrorist attacks provided the context for their most controversial claims of unilateral authority: to override legal prohibitions on the use of torture and cruel, inhuman and degrading treatment; to hold "enemy combatants" indefinitely without access to counsel or any opportunity to challenge their detention; and to engage in domestic electronic surveillance without a court order. Our nation's welfare and integrity depend upon continued evaluation, response, and, …
Faithfully Executing The Laws: Internal Legal Constraints On Executive Power, Dawn E. Johnsen
Faithfully Executing The Laws: Internal Legal Constraints On Executive Power, Dawn E. Johnsen
Articles by Maurer Faculty
Since September 11, 2001 the Bush Administration has engaged in a host of controversial counterterrorism actions that threaten civil liberties and even the physical safety of those targeted: enemy combatant designations, extreme interrogation techniques, extraordinary renditions, secret overseas prisons, and warrantless domestic surveillance. To justify otherwise-unlawful policies, President Bush and his lawyers have espoused an extreme view of expansive presidential power during times of war and national emergency. Debate has raged about the details of desirable external checks on presidential excesses, with emphasis appropriately on the U.S. Congress and the courts. Yet an essential internal source of constraint is often …
Presidential Non-Enforcement Of Constitutionally Objectionable Statutes, Dawn E. Johnsen
Presidential Non-Enforcement Of Constitutionally Objectionable Statutes, Dawn E. Johnsen
Articles by Maurer Faculty
This article, published in Law & Contemporary Problems, was presented at a Duke Law School conference, The Constitution Under Clinton: A Critical Assessment. It examines a recurring, unsettled issue of executive power: how the President best fulfills his constitutional responsibilities when confronted with the enforcement of a statute that he believes is unconstitutional. What should the President do if he believes enforcing a statutory provision would violate the Constitution? Should, for example, a President comply with a congressional command that he believes would violate the constitutional rights of individuals or compromise presidential power? The article examines the two prevailing approaches …
Executive Privilege Since United States V. Nixon: Issues Of Motivation And Accommodation, Dawn E. Johnsen
Executive Privilege Since United States V. Nixon: Issues Of Motivation And Accommodation, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
Administrative Law In A Global Era: Progress, Deregulatory Change, And The Rise Of The Administrative Presidency, Alfred C. Aman
Administrative Law In A Global Era: Progress, Deregulatory Change, And The Rise Of The Administrative Presidency, Alfred C. Aman
Articles by Maurer Faculty
No abstract provided.
Symposium: Bowsher V. Synar: Introduction, Alfred C. Aman
Symposium: Bowsher V. Synar: Introduction, Alfred C. Aman
Articles by Maurer Faculty
The papers in this symposium examine constitutionally significant separation-of-powers themes that were particularly controversial in Franklin Roosevelt's administrations and once again command our attention. The Supreme Court's decision in cases such as Immigration & Naturalization Services v. Chadha I and Bowsher v. Synar2 have helped to resurrect questions that have been ignored, if not resolved, since the 1930s. This symposium focuses on the contemporary debate that these issues have generated, and it provides us with an array of approaches to and perspectives on that debate. As this Introduction emphasizes, that these issues have arisen before is significant, both legally and …
Presidential Immunity From Civil Liability, Aviva A. Orenstein
Presidential Immunity From Civil Liability, Aviva A. Orenstein
Articles by Maurer Faculty
No abstract provided.
The Catholic University Study Of Federal Legislative Drafting In The Executive Branch: A Foreword, Reed Dickerson
The Catholic University Study Of Federal Legislative Drafting In The Executive Branch: A Foreword, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Passports, Thomas Ehrlich
Political Questions: The Judicial Check On The Executive, Paul D. Carrington
Political Questions: The Judicial Check On The Executive, Paul D. Carrington
Articles by Maurer Faculty
No abstract provided.
Hearing Commissioners, Ralph F. Fuchs
Hearing Commissioners, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Book Review. The March Of The Bureaus, Ralph F. Fuchs
Book Review. The March Of The Bureaus, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.