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William & Mary Law School

2002

Constitutional Law

Articles 1 - 3 of 3

Full-Text Articles in Law

The Law: Defending Congress’S Interests In Court: How Lawmakers And The President Bargain Over Department Of Justice Representation, Neal Devins Mar 2002

The Law: Defending Congress’S Interests In Court: How Lawmakers And The President Bargain Over Department Of Justice Representation, Neal Devins

Faculty Publications

In understanding the willingness of government lawyers to defend the constitutionality of federal statutes, this article will explain why presidents rarely make use of their powers under the Constitution (allowing the president to refuse to defend laws he finds unconstitutional) and under federal law (placing the control of most government litigation with the attorney general). Attention will be paid both to how Department of Justice lawyers enhance their power by defending federal statutes and to how Congress, if need be, can pressure the department to bow to lawmaker preferences. In consequence, when the president refuses to defend a statute, courts …


Washington Supreme Court Upholds State Anti-Spamming Law, Nathan B. Oman Jan 2002

Washington Supreme Court Upholds State Anti-Spamming Law, Nathan B. Oman

Faculty Publications

No abstract provided.


On Revolution And Wetland Regulations, Michael J. Gerhardt Jan 2002

On Revolution And Wetland Regulations, Michael J. Gerhardt

Faculty Publications

No abstract provided.