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Full-Text Articles in Law
Executive Power In Youngstown's Shadows, Patricia L. Bellia
Executive Power In Youngstown's Shadows, Patricia L. Bellia
Patricia L. Bellia
Fifty years after it was handed down, the Supreme Court's decision in Youngstown Sheet & Tube Co. v. Sawyer is among the most important of the Court's separation of powers cases. This Article explores two quite different legacies of the Youngstown case. First, Youngstown has a symbolic or rhetorical power, in that it stands as an example of a court invalidating the actions of a coordinate branch of government in a politically delicate context. When a court wields this weapon, it can take some cover in Youngstown's shadows, and the possibility of a court exercising this power disciplines the executive …
National Treasury Employees Union V. Von Raab—Will The War Against Drugs Abrogate Constitutional Guarantees?, Alyssa C. Westover
National Treasury Employees Union V. Von Raab—Will The War Against Drugs Abrogate Constitutional Guarantees?, Alyssa C. Westover
Pepperdine Law Review
No abstract provided.
How Equal Protection Did And Did Not Come To The United States, And The Executive Branch Role Therein, Leslie F. Goldstein
How Equal Protection Did And Did Not Come To The United States, And The Executive Branch Role Therein, Leslie F. Goldstein
Maryland Law Review
No abstract provided.
Foreword: Executive Power: From The Constitutional Periphery To The Constitutional Core, Mark A. Graber
Foreword: Executive Power: From The Constitutional Periphery To The Constitutional Core, Mark A. Graber
Maryland Law Review
No abstract provided.
Blurring The Lines: The Continuities Between Executive Power And Prerogative, Clement Fatovic
Blurring The Lines: The Continuities Between Executive Power And Prerogative, Clement Fatovic
Maryland Law Review
No abstract provided.
Implications Of The President’S Appointment Power, Peter E. Quint
Implications Of The President’S Appointment Power, Peter E. Quint
Maryland Law Review
No abstract provided.
Passive-Aggressive Executive Power, Corinna Barrett Lain
Passive-Aggressive Executive Power, Corinna Barrett Lain
Maryland Law Review
No abstract provided.
The Senate And The Recess Appointments, David Arkush
The Senate And The Recess Appointments, David Arkush
David J. Arkush
This Essay offers a new perspective on the recess appointments controversy in Noel Canning v. NLRB. First, contrary to the dominant view, the case does not present a conflict between the President and the Senate. The Senate majority likely wished to authorize the President's recess appointments, and the majority is the relevant body for the purpose of establishing Senate intent. Second, the courts should defer to the Senate's wishes rather than define the term "recess" themselves.