Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Pennsylvania Carey Law School (10)
- Columbia Law School (6)
- University of Colorado Law School (6)
- Purdue University (5)
- Montclair State University (4)
-
- New York Law School (3)
- University of Michigan Law School (3)
- Georgetown University Law Center (2)
- Roger Williams University (2)
- Washington and Lee University School of Law (2)
- Yeshiva University, Cardozo School of Law (2)
- Brooklyn Law School (1)
- Duke Law (1)
- Fordham Law School (1)
- Golden Gate University School of Law (1)
- Southern Methodist University (1)
- Texas A&M University School of Law (1)
- UIC School of Law (1)
- University at Buffalo School of Law (1)
- University of Georgia School of Law (1)
- University of Nebraska - Lincoln (1)
- University of New Hampshire (1)
- University of Pittsburgh School of Law (1)
- University of Washington School of Law (1)
- University of the District of Columbia School of Law (1)
- William & Mary Law School (1)
- Yale University (1)
- Keyword
-
- Congressional oversight (5)
- Executive power (5)
- Trump (5)
- Administrative Law (4)
- Congress (4)
-
- DACA (4)
- Immigration (4)
- Law (4)
- Administrative law (3)
- Constitutional law (3)
- Environmental law (3)
- President (3)
- Presidential power (3)
- Presidential powers (3)
- Presidential rhetoric (3)
- Public administration (3)
- Terror threat (3)
- Terrorism (3)
- Trump administration (3)
- Civil procedure (2)
- Civil rights (2)
- Constitution (2)
- Coronavirus (2)
- Donald Trump (2)
- Elections (2)
- Environmental protection (2)
- Executive branch (2)
- Federal courts (2)
- Foreign relations law (2)
- Global war on terror (2)
- Publication
-
- All Faculty Scholarship (10)
- Faculty Scholarship (9)
- Publications (6)
- Articles (4)
- Department of Justice Studies Faculty Scholarship and Creative Works (4)
-
- Law Faculty Scholarship (3)
- Libraries Faculty and Staff Presentations (3)
- Articles & Chapters (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Journal Articles (2)
- Libraries Faculty and Staff Scholarship and Research (2)
- Other Publications (2)
- Scholarly Articles (2)
- Book Chapters (1)
- Department of Homeland Security (1)
- Faculty Journal Articles and Book Chapters (1)
- GGU Law Review Blog (1)
- Harvey M. Applebaum ’59 Award (1)
- Online Publications (1)
- Popular Media (1)
- Reports (1)
- Scholarly Works (1)
- UIC Law Open Access Faculty Scholarship (1)
- File Type
Articles 1 - 30 of 61
Full-Text Articles in Law
The Gsa’S Delay In Recognizing The Biden Transition Team And The National Security Implications, Katherine A. Shaw, Ryan Goodman
The Gsa’S Delay In Recognizing The Biden Transition Team And The National Security Implications, Katherine A. Shaw, Ryan Goodman
Online Publications
Pressure is mounting on a usually low-profile government official to activate the full range of resources ordinarily provided to an incoming administration’s presidential transition team. Under the Presidential Transition Act of 1963, a statute that has been revised a number of times since passage, it is not until the Administrator of the General Services Administration (GSA) “ascertain[s]” the “apparent successful candidate” of a presidential election that the president-elect and his transition team gain access to the office space, funds, briefings, and other government resources necessary to effect a smooth and effective transfer of power.
Echoes Of 9/11: Rhetorical Analysis Of Presidential Statements In The "War On Terror", Bruce Ching
Echoes Of 9/11: Rhetorical Analysis Of Presidential Statements In The "War On Terror", Bruce Ching
Journal Articles
This article examines persuasive statements by Presidents George W. Bush, Barack Obama, and Donald Trump involving appeals to national identity as a rhetorical foundation for anti-terrorism policy since 9/11. Their specific rhetorical methods have included the use of memorable catchphrases, alliteration, metaphorical framing, and contrast between values of the United States and those of the terrorists. President Bush focused on rallying the nation’s response against the perpetrators of the 9/11 attacks, identifying the U.S. with “freedom itself” and invoking the phrase “War on Terror.” President Obama emphasized the importance of the nation’s values while denouncing the Bush administration’s torture of …
The Executive Branch Anticanon, Deborah Pearlstein
The Executive Branch Anticanon, Deborah Pearlstein
Articles
Donald Trump’s presidency has given rise to a raft of concerns not just about the wisdom of particular policy decisions but also about the prospect that executive actions might have troubling longer term “precedential” effects. While critics tend to leave undefined what “precedent” in this context means, existing constitutional structures provide multiple mechanisms by which presidential practice can influence future executive branch conduct: judicial actors rely on practice as gloss on constitutional meaning, executive branch officials rely on past practice in guiding institutional norms of behavior, and elected officials outside the executive branch and the people themselves draw on past …
U.S. Government Military And Space Force Literature, Bert Chapman
U.S. Government Military And Space Force Literature, Bert Chapman
Libraries Faculty and Staff Presentations
Established in 2018, the U.S. Space Force is the newest branch of the U.S. military. The reality of space as an arena for international geopolitical and military competition has been around for decades in scholarly literature. This presentation will examine recently published and publicly accessible U.S. Government and military literature on Space Force. These works examine various economic, military, and political aspects of this entity and how it may affect U.S. national security policy in years to come.
Public Policy Origins Of U.S. Data, Bert Chapman
Public Policy Origins Of U.S. Data, Bert Chapman
Libraries Faculty and Staff Presentations
Provides detailed introduction and overview of public policy origins of U.S. data. Shows how congressional legislation and Office of Management and Budget documents influence compilation and dissemination of U.S. Government data. Stresses how Indiana General Assembly requirements influence compilation of Indiana state agency data and Indiana local government agency data. Places emphasis on roles played in data compilation and dissemination by public policy research institutions/think tanks. Concludes by stressing limitations of data collection by governmental and non-governmental entities.
Executive Order No. 13925: An Attempted Stop Sign On Our Global Cyber-Freeway, Robert C. Montañez
Executive Order No. 13925: An Attempted Stop Sign On Our Global Cyber-Freeway, Robert C. Montañez
GGU Law Review Blog
The year 2020 has brought times of physical isolation and the world has turned to the Internet as a bridge to normalcy. It is not uncommon for a person to wake up and grab his or her phone and consult it (rather than a newspaper) to gather news, browse through friends’ video “stories” shared overnight, check what is “trending” via Twitter, or even stream a popular video on YouTube. During the COVID-19 pandemic, the Internet is more important than ever before and its key to success is its immediacy. On May 26, 2020, without any supporting evidence, President Trump …
On Environmental, Climate Change & National Security Law, Mark P. Nevitt
On Environmental, Climate Change & National Security Law, Mark P. Nevitt
All Faculty Scholarship
This Article offers a new way to think about climate change. Two new climate change assessments — the 2018 Fourth National Climate Assessment (NCA) and the United Nations Intergovernmental Panel’s Special Report on Climate Change — prominently highlight climate change’s multifaceted national security risks. Indeed, not only is climate change a “super wicked” environmental problem, it also accelerates existing national security threats, acting as both a “threat accelerant” and “catalyst for conflict.” Further, climate change increases the intensity and frequency of extreme weather events while threatening nations’ territorial integrity and sovereignty through rising sea levels. It causes both internal displacement …
“Something There Is That Doesn’T Love A Wall:” A Reflection On The Constitutional Vulnerabilities Of The Southwest Border Wall, Hope M. Babcock
“Something There Is That Doesn’T Love A Wall:” A Reflection On The Constitutional Vulnerabilities Of The Southwest Border Wall, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
No abstract provided.
Contemporary Practice Of The United States Relating To International Law (114:4 Am J Int'l L), Jean Galbraith
Contemporary Practice Of The United States Relating To International Law (114:4 Am J Int'l L), Jean Galbraith
All Faculty Scholarship
This article is reproduced with permission from the October 2020 issue of the American Journal of International Law © 2020 American Society of International Law. All rights reserved.
The Permissibility Of Acting Officials: May The President Work Around Senate Confirmation?, Nina A. Mendelson
The Permissibility Of Acting Officials: May The President Work Around Senate Confirmation?, Nina A. Mendelson
Articles
Recent presidential reliance on acting agency officials, including an acting Attorney General, acting Secretaries of Defense, and an acting Secretary of Homeland Security, as well as numerous below-Cabinet officials, has drawn significant criticism from scholars, the media, and members of Congress. They worry that the President may be pursuing illegitimate goals and seeking to bypass the critical Senate role under the Appointments Clause. But Congress has authorized—and Presidents have called upon—such individuals from the early years of the Republic to the present. Meanwhile, neither formalist approaches to the constitutional issue, which seem to permit no flexibility, nor current Supreme Court …
The Trump Administration Should Have Attorney Whistleblowers, Carliss N. Chatman
The Trump Administration Should Have Attorney Whistleblowers, Carliss N. Chatman
Scholarly Articles
In the Godfather trilogy, lawyers do most of their work outside of the courtroom. The family’s lawyer, Tom Hagen, has the title of consigliere, serving as the boss’s right-hand man. He is legal counsel and also assists with business management and planning. This includes operation of the family’s criminal enterprise. In The Godfather, a lawyer is a fixer, an enforcer, and a collaborator. This conceptualization of the attorney role is not only unethical, it is illegal. Yet, it is the role currently assumed by our Attorney General, William “Bill” Barr, and White House Counsel, Pasquale “Pat” Cipollone. Although both …
Publicly Accessible National Security Information Resources: An Untapped Treasure Trove, Bert Chapman
Publicly Accessible National Security Information Resources: An Untapped Treasure Trove, Bert Chapman
Libraries Faculty and Staff Presentations
This presentation demonstrates the wide variety of publicly accessible U.S. Government national security information resources. It includes information on the U.S. constitutional foundations of national security policy, a recent annual defense spending bill, documents from the White House/National Security Council, Department of Defense, various military branches including professional military educational institutions, assorted U.S. intelligence agencies, congressional legislation, congressional committee reports on legislation, congressional committee hearings, and reports from congressional support agencies such as the Congressional Budget Office. It concludes by stressing the multiple benefits provided by having public access to these information resources.
Pandemic Response As Border Politics, Michael R. Kenwick, Beth A. Simmons
Pandemic Response As Border Politics, Michael R. Kenwick, Beth A. Simmons
All Faculty Scholarship
Pandemics are imbued with the politics of bordering. For centuries, border closures and restrictions on foreign travelers have been the most persistent and pervasive means by which states have responded to global health crises. The ubiquity of these policies is not driven by any clear scientific consensus about their utility in the face of myriad pandemic threats. Instead, we show they are influenced by public opinion and preexisting commitments to invest in the symbols and structures of state efforts to control their borders, a concept we call border orientation. Prior to the COVID-19 pandemic, border orientation was already generally …
Contemporary Practice Of The United States Relating To International Law (114:3 Am J Int'l L), Jean Galbraith
Contemporary Practice Of The United States Relating To International Law (114:3 Am J Int'l L), Jean Galbraith
All Faculty Scholarship
This article is reproduced with permission from the July 2020 issue of the American Journal of International Law © 2020 American Society of International Law. All rights reserved.
The Supreme Court Rules That Trump’S Daca Rescission Doesn’T Pass Muster, Peter Margulies
The Supreme Court Rules That Trump’S Daca Rescission Doesn’T Pass Muster, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Literature Review: How U.S. Government Documents Are Addressing The Increasing National Security Implications Of Artificial Intelligence, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
This article emphasizes the increasing importance of artificial intelligence (AI) in military and national security policy making. It seeks to inform interested individuals about the proliferation of publicly accessible U.S. government and military literature on this multifaceted topic. An additional objective of this endeavor is encouraging greater public awareness of and participation in emerging public policy debate on AI's moral and national security implications..
A Typology Of Justice Department Lawyers' Roles And Responsibilities, Rebecca Roiphe
A Typology Of Justice Department Lawyers' Roles And Responsibilities, Rebecca Roiphe
Articles & Chapters
President Trump’s administration has persistently challenged the legitimacy of the Department of Justice (“DOJ”). In the past, DOJ, like other governmental institutions, has been fairly resilient. Informal norms and practices have served to preserve its proper functioning, even under pressure. The strain of the past three years, however, has been different in kind and scale. This Article offers a typology of different roles for DOJ lawyers and argues that over time the institution has evolved by allocating different functions and responsibilities to different positions within DOJ. By doing so, it has for the most part maintained the proper balance between …
The Justice Department Is Now As Corrupt As The President, Rebecca Roiphe
The Justice Department Is Now As Corrupt As The President, Rebecca Roiphe
Other Publications
This post originally appeared on https://www.thedailybeast.com/to-undo-robert-mueller-trump-talks-and-michael-flynn-walks-as-the-justice-department-rolls-over?ref=scroll
Presidential Ideology And Immigrant Detention, Catherine Y. Kim, Amy Semet
Presidential Ideology And Immigrant Detention, Catherine Y. Kim, Amy Semet
Faculty Scholarship
No abstract provided.
Issuance Of The Keystone Xl Permit: Presidential Prerogative Or Presidential “Chutzpah”, Hope M. Babcock
Issuance Of The Keystone Xl Permit: Presidential Prerogative Or Presidential “Chutzpah”, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
This article uses President Trump's issuance of the Keystone XL Pipeline permit to illustrate the dangers of an imperial presidency, one in which the exercise of discretionary authority, based on neither the text of Article II of the Constitution nor a statute, will in all likelihood be unchecked by Congress, the courts, or popular opinion. To understand the dimensions of this concern, Part I of this article briefly describes the process and requirements for a presidential permit. Part II identifies key facts surrounding issuance of the Keystone XL Pipeline permit, the chronology of its issuance, and commonly given reasons supporting …
Trump’S Coronavirus Immigration Order Is A Restriction In Search Of A Rationale, Peter Margulies
Trump’S Coronavirus Immigration Order Is A Restriction In Search Of A Rationale, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Contemporary Practice Of The United States Relating To International Law (114:2 Am J Int'l L), Jean Galbraith
Contemporary Practice Of The United States Relating To International Law (114:2 Am J Int'l L), Jean Galbraith
All Faculty Scholarship
This article is reproduced with permission from the April 2020 issue of the American Journal of International Law © 2020 American Society of International Law. All rights reserved.
Dreamers Interrupted: The Case Of The Rescission Of The Program Of Deferred Action For Childhood Arrivals, Rachel F. Moran
Dreamers Interrupted: The Case Of The Rescission Of The Program Of Deferred Action For Childhood Arrivals, Rachel F. Moran
Faculty Scholarship
In 1994, California voters went to the polls to pass Proposition 187, a measure designed to deter unauthorized immigration by denying a range of public benefits to the undocumented. Twenty-five years later, undocumented immigration remains a deeply polarizing issue in our country. But if the political discourse seems similar, the civil rights toolkit is not. In an earlier era, equal protection arguments had pride of place, but today, advocates rely heavily on structural and institutional arguments to constrain official discretion.
In 1982, the United States Supreme Court’s decision in Plyler v. Doe declared unconstitutional a Texas statute that denied undocumented …
George W. Bush, Policy Selling And Agenda-Setting After 9/11, Gabriel Rubin
George W. Bush, Policy Selling And Agenda-Setting After 9/11, Gabriel Rubin
Department of Justice Studies Faculty Scholarship and Creative Works
George W. Bush successfully set the agenda for an expansive, global war against terrorists after the 9/11 attacks. This agenda was not inevitable, it arose from an interpretation of events and of America’s adversaries that leaned on global conflict, cultural differences, and the presumption of evil intent. Bush’s speech-making successfully led to the conflicts in Iraq and Afghanistan, civil liberty-reducing legislation, and a large institutional edifice dedicated to counterterrorism. The themes Bush’s speeches evoked and the agendas and policies that these speeches set are covered in this chapter.
How Can Presidents Properly Calibrate The Terror Threat?, Gabriel Rubin
How Can Presidents Properly Calibrate The Terror Threat?, Gabriel Rubin
Department of Justice Studies Faculty Scholarship and Creative Works
Presidential rhetoric has minimally changed from the narrative set by George W. Bush after the 9/11 attacks. Bush’s policies and agenda have also largely remained. This chapter provides proposals for change given the empirical and theoretical findings made in the book. The counterterrorist policy agenda needs to be narrowed and made more precise. The public needs to educate itself about the terror threat to understand that it is not a significant risk when weighed against others. Presidents need to be more careful with what words they use when describing America’s terrorist adversaries and with who they call terrorists. Recalibrating the …
Inflating The Terror Threat Since 2001, Gabriel Rubin
Inflating The Terror Threat Since 2001, Gabriel Rubin
Department of Justice Studies Faculty Scholarship and Creative Works
Presidential rhetoric serves a critical interpretive role in defining events, particularly the threat of terrorism. As Richard Neustadt argues, the power of the presidency lies in the leader’s power to persuade. Presidents frame the terror threat by setting the country’s policy agenda. They then try to sell policies to Congress and the public through the pressure they can employ using their rhetoric and their office. This study, based on content analysis speech data ranging from September 2001 to February 2019, delves into why presidents speak the way they do about terrorism looking both at the content and frequency of their …
Donald Trump, Twitter, And Islamophobia: The End Of Dignity In Presidential Rhetoric About Terrorism, Gabriel Rubin
Donald Trump, Twitter, And Islamophobia: The End Of Dignity In Presidential Rhetoric About Terrorism, Gabriel Rubin
Department of Justice Studies Faculty Scholarship and Creative Works
Donald Trump’s rhetoric is markedly different than that of just about every other American president. Trump’s speeches on terrorism and his related Islamophobia and anti-immigrant rhetoric are examined in this chapter. Trump’s use of Twitter and view of the presidency as a “permanent campaign” keep his followers in a state of near-permanent mobilization. Trump uses the rhetoric of fear to push his followers against Muslims and immigrants by linking terrorism to both groups. As Jeffrey Tulis opines, Trump is America’s first demagogue. This chapter highlights how Trump’s demagoguery and novel method for communicating with his followers has framed the terror …
First, We'll Neuter All The Judges, A. Benjamin Spencer
First, We'll Neuter All The Judges, A. Benjamin Spencer
Popular Media
No abstract provided.
Congressional Committee Resources On Space Policy During The 115th Congress (2017-2018): Providing Context And Insight Into U.S. Government Space Policy, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Article 1 of the US Constitution assigns the US Congress numerous responsibilities. These include creating new laws, revising existing laws, funding government programs, and conducting oversight of these programs' performance. Oversight of US Government agency space policy programs is executed by various congressional space policy committees, including the House and Senate Science Committees, Armed Services, and Appropriations Committees. These committees conduct many public hearings on space policy which invite witnesses to testify on US space policy programs and feature debate on the strengths and weaknesses of these programs. Documentation produced by these committees is widely available to the public, except …
Separation Of Powers, Partisanship And Impeachment: How Can We Overcome The Partisan Propaganda?, John M. Greabe
Separation Of Powers, Partisanship And Impeachment: How Can We Overcome The Partisan Propaganda?, John M. Greabe
Law Faculty Scholarship
[excerpt] "Our Constitutional system divides power horizontally, among the three branches of the federal government, and vertically, between the federal government and the states. We refer to the former division as our "separation of powers" and the latter as our "federalism."