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Full-Text Articles in Law
Distinguising Between Core And Peripheral Presential Powers, Harold J. Krent
Distinguising Between Core And Peripheral Presential Powers, Harold J. Krent
Chicago-Kent Law Review
No abstract provided.
Administrative Truth: Comments On Cortez's Information Mischief, David Thaw
Administrative Truth: Comments On Cortez's Information Mischief, David Thaw
Chicago-Kent Law Review
No abstract provided.
Civil Servant Alarm, Bijal Shah
Civil Servant Alarm, Bijal Shah
Chicago-Kent Law Review
Civil servants have long resisted presidential immigration policies. However, bureaucratic by superiors, retaliation against resistance is the norm under the current dministration, despite the fact that this resistance has resulted from principled “dissonance” between civil servants’ understanding of their core responsibilities and the priorities emphasized by new political directives. Rather than condemnation, however, frequent incidents of resistance from divergent factions of the immigration bureaucracy, particularly if met with a harsh response from the President, should be characterized as a “fire alarm” imploring a congressional response.
Comments On Executive Ruilemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Brexit Bt Susan Rose-Ackerman, Nicholas Almendares
Comments On Executive Ruilemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Brexit Bt Susan Rose-Ackerman, Nicholas Almendares
Chicago-Kent Law Review
No abstract provided.
Civil Servant Resistance At The Epa -- A Response To Jennifer Nou, Joel A. Mintz
Civil Servant Resistance At The Epa -- A Response To Jennifer Nou, Joel A. Mintz
Chicago-Kent Law Review
No abstract provided.
The Future Of Progressive Regulatory Reform -- A Review And Critique Of Two Proposals, William Funk
The Future Of Progressive Regulatory Reform -- A Review And Critique Of Two Proposals, William Funk
Chicago-Kent Law Review
No abstract provided.
Eroding "Checks" On Presidential Authorty -- Norms, The Civil Service, And The Courts, Peter L. Strauss
Eroding "Checks" On Presidential Authorty -- Norms, The Civil Service, And The Courts, Peter L. Strauss
Chicago-Kent Law Review
No abstract provided.
Executive Rulemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Route To Brexit, Susan Rose-Ackerman
Executive Rulemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Route To Brexit, Susan Rose-Ackerman
Chicago-Kent Law Review
Established public law principles are under strain from the prospect of Brexit in the United Kingdom and the Trump Administration in the United States. In the United Kingdom the Parliament is playing an increasingly important role in overseeing the Government, and the judiciary is beginning to support democratic accountability in executive policymaking. In the United States, possible statutory changes and the power of the president to reshape the public administration are of concern. Although in the United States the most draconian measures will likely die with the return of the House to Democratic Party control, they may remain on the …
Prosecutors At The Periphery, Peter M. Shane
Prosecutors At The Periphery, Peter M. Shane
Chicago-Kent Law Review
Contrary to so-called unitary executive theory, Article II does not guarantee presidents the power to control federal criminal prosecution, a supervisory role Congress has placed by statute with the Attorney General. Nor is Congress without authority to protect federal prosecutors from policy-based dismissals. Rule-of-law values embodied in our system of checks and balances could alone justify these conclusions. But the same conclusions follow also from close attention to the entirety of the relevant constitutional text and from an understanding of how the Founding generation would have understood the relationship between executive power and criminal prosecution. In contemplating the newly proposed …
Feminist-In-Chief? Examining President Obama's Executive Orders On Women's Rights Issues, Mary Pat Treuthart
Feminist-In-Chief? Examining President Obama's Executive Orders On Women's Rights Issues, Mary Pat Treuthart
Chicago-Kent Law Review
This article focuses on President Obama’s use of executive orders in various areas of women’s rights issues including the empowerment of women, gender-based violence, reproductive rights, and employment. As scholars of the American presidency have noted, executive orders can be used either as strategic tools to short-circuit legislative gridlock or to underscore and complement presidential policy measures pending in Congress. Executive orders can also serve to promote projects of special interest groups. Finally, knowing that their directives can be powerfully symbolic, presidents can be particularly effective in the use of executive action to underscore the gulf between the Democratic Party …
Presidential Legitimacy Through The Anti-Discrimination Lens, Catherine Y. Kim
Presidential Legitimacy Through The Anti-Discrimination Lens, Catherine Y. Kim
Chicago-Kent Law Review
The Obama administration’s deferred action programs granting temporary relief from deportation to undocumented immigrants have focused attention to questions regarding the legitimacy of presidential lawmaking. Immigration, though, is not the only context in which the president has exercised policymaking authority. This essay examines parallel instances of executive lawmaking in the anti-discrimination area. Presidential policies relating to workplace discrimination, environmental justice, and affirmative action share some of the key features troubling critics of deferred action yet have been spared from serious constitutional challenge. These examples underscore the unique challenges to assessing the validity of actions targeting traditionally disenfranchised groups—be they noncitizens, …
William E. Nelson's The Roots Of American Bureaucracy And The Resuscitation Of The Early American State, Gautham Rao
William E. Nelson's The Roots Of American Bureaucracy And The Resuscitation Of The Early American State, Gautham Rao
Chicago-Kent Law Review
In 1983, William E. Nelson published The Roots of American Bureaucracy, 1830–1900. Nelson traced the somewhat unlikely emergence and victory of the bureaucratic model in American political and legal thought. This article summarizes the book’s argument and describes its reception. It also seeks to assess the scholarly legacy of The Roots of American Bureaucracy. I argue that the book was ahead of its time because it contradicted prevailing scholarly trends in identifying a significant federal state in nineteenth-century America. In particular, during the past two decades, historians and political scientists have built on Nelson’s insights to develop a consensus about …