Law Commons^™

Государственная Власть И Местное Самоуправление В Израиле, Leonid G. Berlyavskiy

Leonid G. Berlyavskiy

In the article features of the government and local self-government in Israel are considered. The urgency of their studying is caused by that in this country there is no Constitution in the form of the consolidated act that pulls together it with English State-legal tradition. The democratic political mode has affirmed as Israel, elections in authorities were never cancelled. The parliamentary form of government has predetermined legal status and the competence of the President of the State, the Knesset and the Government. The local self-government system promotes the statement of democratic principles of the Israeli society

What Were They Thinking: Competing Culpability Standards For Punishing Threats Made To The President, Craig M. Principe

Craig M Principe

This article revisits the Fourth Circuit‘s holding in United States v. Patillo, 431 F.2d 293 (4th Cir. 1970) (panel), reh’g granted, 438 F.2d 13 (1971) (en banc). Although that decision is almost forty years old, it still remains a source of contention and confusion in the law of threats. It is widely cited as creating a subjective ―present intent‖ requirement for 18 U.S.C. § 871(a) (threats against the president)—a standard that has only been recognized by the Fourth Circuit and stands in stark contrast to the objective Roy/Ragansky Test adopted by virtually all other circuits. Indeed, judges and commentators have …

Trust Or Profit: How Military Officers Are Bound By The Constitution, Michael C. Mcnerney

Michael C McNerney

This paper examines the ability of reserve and active duty military officers to serve in certain political offices, such as Congress and the Electoral College. The seminal case on this issue, U.S. v. Lane, dealt with a U.S. senator who served as a reserve military judge. In deciding the case, the Court of Appeals for the Armed Forces only stated that a member of Congress may not also serve as a judge, but did not reach the ultimate issue of concurrent military service. This paper will attempt to show in exactly which political offices military officers may serve. In making …

Race In The War On Drugs: The Social Consequences Of Presidential Rhetoric, Jeff L. Yates, Andrew Whitford

Jeff L Yates

One of the president’s main leadership tools for influencing the direction of American legal policy is public rhetoric. Numerous studies have examined the president’s use of the “bully pulpit” to lead policy by influencing Congress or public opinion, or by changing the behavior of public agencies. We argue that the president can use rhetoric to change the behavior of public agencies and that this can have important social consequences. We focus on the disproportionate impact of presidential rhetoric on different “target populations” in the context of the War on Drugs. Specifically, we observe that presidential rhetoric had a greater impact …

Against Gridlock: The Viability Of Interest-Based Legislative Negotiation, Gregory Brazeal

Gregory Brazeal

Early evaluations of the Obama administration have often focused on the administration’s legislative negotiation strategies. But these discussions have largely neglected the distinction between two basic types of negotiation recognized in the professional negotiation literature: positional (or hard-bargaining) negotiation, and interest-based (or principled) negotiation. The former attempts to secure the maximum share of a fixed amount of value by adopting an extreme position, knowing that it will not be accepted, and then using a combination of guile, bluffing, and brinksmanship to cede as little as possible before reaching a deal. The latter, which President Obama has practiced since at least …

The Original Meaning Of The Constitution's “Executive Vesting Clause”—Evidence From Eighteenth Century Drafting Practice, Robert G. Natelson

Robert G. Natelson

Advocates of presidential power from the days of George Washington at least to the time of George W. Bush have claimed that the Constitution’s so-called “Executive Vesting Clause,” the first sentence of Article II, not only designates the President as chief executive, but also confers broad authority. Some commentators support that view, while others maintain that the President’s powers are limited to those enumerated elsewhere in the Constitution. This study addresses the previously-overlooked question of which interpretation is more consistent with contemporaneous drafting customs. It concludes that treating the “Executive Vesting Clause” as a mere designation is consistent with those …

Why Our Next President May Keep His Or Her Senate Seat: A Conjecture On The Constitution’S Incompatibility Clause, Seth Barrett Tillman

Seth Barrett Tillman

In a few months, "We the People" will go to the polls and elect the electors who will elect (or, at least, have an opportunity to elect) the next President of the United States. Short of an act of God or an act of war, it is more likely than not that the next President will be a sitting United States Senator. The expectation is that a Senator/President-elect resigns his or her legislative seat some time prior taking the presidential oath of office. It is widely believed in large and influential academic circles and among the educated public generally that …

Textualist Hedgehogs And Structuralist Foxes: A Reply To The Critics Of My Incompatibility Clause Jurisprudence (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman

Seth Barrett Tillman

This is a placeholder for my future reply to Professor Saikrishna Bangalore Prakash's response, along with some related further responses to arguments put forward by Professor Steven G. Calabresi.

The Calabresi-Tillman exchange appears below under "Related Files".

This paper is not yet drafted.

[June 2, 2010]

Opening Statement: Why President-Elect Obama May Keep His Senate Seat After Assuming The Presidency, Seth Barrett Tillman

Seth Barrett Tillman

In a few months, "We the People" will go to the polls and elect the electors who will elect (or, at least, have an opportunity to elect) the next President of the United States. Short of an act of God or an act of war, it is more likely than not that the next President will be a sitting United States Senator. The expectation is that a Senator/President-elect resigns his or her legislative seat some time prior taking the presidential oath of office. It is widely believed in large and influential academic circles and among the educated public generally that …

Closing Statement: An "Utterly Implausible" Interpretation Of The Constitution: A Reply To Professor Steven G. Calabresi, Seth Barrett Tillman

Seth Barrett Tillman

In a few months, "We the People" will go to the polls and elect the electors who will elect (or, at least, have an opportunity to elect) the next President of the United States. Short of an act of God or an act of war, it is more likely than not that the next President will be a sitting United States Senator. The expectation is that a Senator/President-elect resigns his or her legislative seat some time prior taking the presidential oath of office. It is widely believed in large and influential academic circles and among the educated public generally that …

Courts & Congress: America's Unwritten Constitution, Charles D. Kelso

charles D. Kelso

This review presents a concise summary of the contents of the book, and suggests an analysis of judicial decisionmaking within which to view Professor Quirk’s work.

Midnight Regulations And Regulatory Review, Jerry Brito

Jerry Brito

The term “midnight regulations” describes the dramatic spike of new regulations promulgated at the end of presidential terms, especially during transitions to an administration of the opposite party. As commentators have pointed out, this phenomenon is problematic because it is the result of a lack of presidential accountability during the midnight period—the time after the November election and before Inauguration Day. Midnight regulations, however, present another problem that receives little attention. It is the prospect that an increase in the number of regulations promulgated in a given time-period could overwhelm the institutional review process that serves to ensure that new …

Legislative Officer Succession: Part I, Seth Barrett Tillman

Seth Barrett Tillman

A trilogy of highly influential and frequently cited articles published by Professors Akhil Reed Amar, Vikram David Amar, John F. Manning, and Steven G. Calabresi in the Stanford Law Review in 1995 generally took the position, with varying degrees of confidence, that as a matter of original public meaning, the Constitution precludes legislative officers from succeeding to the presidency under the Succession Clause. The Succession Clause provides:

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the …

Legislative Officer Succession: Part I And Part Ii, Seth Barrett Tillman

Seth Barrett Tillman

This article is the next installment of Legislative Officer Succession: Part I (posted on BEPRESS and on SSRN).

This section distinguishes "officers under the authority of the United States" from other classes of constitutional and statutory officers. It also responds to some of the Amars' structural arguments in defense of their "officer" (as used in the Succession Clause) equals "officer of the United States" (as used in the Appointments Clause) position.

The Amars state:

"It might be argued that an intermediate reading of the Succession Clause is possible -- one that insists that a successor be a federal, rather than …

Capital Punishment And Statutory Frame Work In India, Krishna Kumari Areti

Krishna Kumari Areti prof

As far as India is concerned, the provisions relating to Capital Punishment are embodied in Indian Penal Code and Criminal Procedure Code. Indian Penal Code is the substantive law, which suggests the offences, which are punishable with death sentence. Criminal Procedure Code is the procedural law, which explains the procedure to be followed in death penalty cases. The substantive law of India viz., Indian Penal Code was enacted in the year 1860. Though very few Amendments are made here and there, in total it remains unchanged, where as Criminal Procedure Code was amended substantially once in 1955 and reenacted in …

Senate Termination Of Presidential Recess Appointments, Seth Barrett Tillman

Seth Barrett Tillman

I argue that as a simple straight forward textual matter the Senate majority can terminate a presidential recess appointment by terminating their session, i.e., the session that meets following a presidential intersession recess appointment. If the president makes an intrasession recess appointment (assuming such things have any constitutional validity at all), the Senate can terminate that appointment too - by terminating the current session, immediately reassembling, and then terminating the new session!

I do not argue that American history or the Constitution's structure support this position, nor do I feel inclined to do so, where as here, the text is …

Terminating Presidential Recess Appointments: A Reply To Professor Brian C. Kalt, Seth Barrett Tillman

Seth Barrett Tillman

This article replies to Professor Kalt's response to my opening article, "Senate Termination of Presidential Recess Appointments."

I argue that as a simple straight forward textual matter the Senate majority can terminate a presidential recess appointment by terminating their session, i.e., the session that meets following a presidential intersession recess appointment. If the president makes an intrasession recess appointment (assuming such things have any constitutional validity at all), the Senate can terminate that appointment too - by terminating the current session, immediately reassembling, and then terminating the new session!

I do not argue that American history or the Constitution's structure …

Orange Revolution In Red, White, And Blue: U.S. Impact On The 2004 Ukrainian Election , Natalie Prescott

Natalie Prescott

This article discusses the impact of the U.S. political efforts and the role of the U.S. judiciary in the 2004 Ukrainian election. The article provides an extensive background of Ukrainian election laws, the 2004 controversy, and the impact of U.S. landmark cases on the Ukrainian Supreme Court's decision. The author concludes that the United States played a major role in facilitating the Orange Revolution in Ukraine, and that its influence is likely to continue in the future. This article was presented at Yale Journal of International Law Fourth Annual Young Scholars Conference on March 4, 2006.

Agenda Setting, Issue Priorities, And Organizational Maintenance: The U.S. Supreme Court, 1955 To 1994, Jeff L. Yates, Andrew B. Whitford, William Gillespie

Jeff L Yates

In this study, we examine agenda setting by the U.S. Supreme Court, and ask the question of why the Court allocates more or less of its valuable agenda space to one policy issue over others. Our study environment is the policy issue composition of the Court's docket: the Court's attention to criminal justice policy issues relative to other issues. We model the Court's allocation of this agenda space as a function of internal organizational demands and external political signals. We find that this agenda responds to the issue priorities of the other branches of the federal government and the public. …