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Articles 1 - 7 of 7
Full-Text Articles in Law
It Is Time To Get Back To Basics On The Border, Donna Coltharp
It Is Time To Get Back To Basics On The Border, Donna Coltharp
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
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.
Filling The Illinois Federal District Court Vacancies, Carl Tobias
Filling The Illinois Federal District Court Vacancies, Carl Tobias
Pepperdine Law Review
President Donald Trump repeatedly argues that appellate court appointments constitute his major success. The President and the United States Senate Republican Party majority have established records by approving fifty very conservative, young, and capable appellate court jurists. However, their confirmations have exacted a toll, particularly from the many federal district courts which address seventy-nine unfilled positions in 677 judicial posts. One constructive illustration has been the three Illinois tribunals which confront five pressing openings. The Administrative Office of the United States Courts classifies three as “emergencies,” because the vacant seats have been protracted and involve substantial caseloads. Despite this circumstance, …
Law, Race, And The Epistemology Of Ignorance, George A. Martinez
Law, Race, And The Epistemology Of Ignorance, George A. Martinez
Faculty Journal Articles and Book Chapters
Philosophers and other theorists have developed the field of epistemology which is the study of human knowledge. Critical race theorists have begun to explore how epistemological theory and insights may illuminate the study of race, including the analysis of race and the law. Such use of epistemology is appropriate because theoretical work on knowledge can be used to advance one of the key goals of critical race theory which is to understand how a regime of white supremacy and its subordination of people of color have been created and maintained in America. In this regard, philosophers and other theorists have …
Presidential Crimes Matter, Julian A. Cook
Presidential Crimes Matter, Julian A. Cook
Scholarly Works
The resignations of United States Attorneys Geoffrey Berman and Jessie Liu from their respective positions in the Southern District of New York and the District of Columbia, and Attorney General William Barr’s and President Donald Trump’s persistent undermining of Special Counsel Robert Mueller’s Russian interference and obstruction of justice investigations and prosecutions are clarion calls to reform the process by which the executive branch criminally investigates itself. But there is another critical circumstance—the Special Counsel regulations—that has been largely overlooked and has been grossly underappreciated in the public discussion about undue executive branch influence. These regulations are foundational, their impact …
Executive Power And The Aca, Nicholas Bagley
Executive Power And The Aca, Nicholas Bagley
Book Chapters
As with any law of its complexity and ambition, the Affordable Care Act (ACA) vests in the sitting president broad implementation discretion. The law is not a blank check: in many ways both large and small, the ACA shapes and constrains the exercise of executive power. But Congress has neither the institutional resources nor the attention span to micromanage the rollout of a massive health program. It has no choice but to delegate.
Naturally, both President Obama and President Trump have drawn on their authority to tailor the ACA to their policy preferences. Neither president, however, has been able to …
Executive Underreach, In Pandemics And Otherwise, David E. Pozen, Kim Lane Scheppele
Executive Underreach, In Pandemics And Otherwise, David E. Pozen, Kim Lane Scheppele
Faculty Scholarship
Legal scholars are familiar with the problem of executive overreach, especially in emergencies. But sometimes, instead of being too audacious or extreme, a national executive's attempts to address a true threat prove far too limited and insubstantial. In this Essay, we seek to define and clarify the phenomenon of executive underreach, with special reference to the COVID-19 crisis; to outline ways in which such underreach may compromise constitutional governance and the international legal order; and to suggest a partial remedy.