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Full-Text Articles in Law
The President, Prosecutorial Discretion, Obstruction Of Justice, And Congress, Henry L. Chambers Jr.
The President, Prosecutorial Discretion, Obstruction Of Justice, And Congress, Henry L. Chambers Jr.
Law Faculty Publications
The executive power of the United States is vested in the President of the United States. That power includes prosecutorial discretion—the power to prosecute or decline to prosecute. Consequently, the President would appear to have the constitutional authority to initiate or end a federal criminal prosecution or investigation. This would seem particularly so in an era in which executive power arguably continues to expand. Nonetheless, an ongoing debate exists regarding whether a President obstructs justice when he attempts to end a criminal investigation for improper reasons. Those who argue in favor of the possibility of obstruction of justice suggest that …
Judicial Selection In Congress' Lame Duck Session, Carl W. Tobias
Judicial Selection In Congress' Lame Duck Session, Carl W. Tobias
Law Faculty Publications
This Article first scrutinizes the Obama Administration confirmation and nomination processes. It then critically explores selection and concludes that Republican obstruction instigated the most open positions the longest time. Because this deficiency undermines swift, economical, and fair case resolution, the Article suggests ideas to promptly decrease the remaining unoccupied judgeships after the session commences.
Filling The District Of Arizona Vacancies, Carl W. Tobias
Filling The District Of Arizona Vacancies, Carl W. Tobias
Law Faculty Publications
The judicial vacancy crisis must end. The federal bench has experienced nearly a ten percent vacancy rate over an unprecedented four and a half-year period. The substantial number and protracted character of those openings have imposed numerous detrimental effects. These phenomena have delayed the scheduling of jury trials in many civil cases and even propelled termination of some litigation because the Speedy Trial Act requires that criminal matters have precedence. Indeed, the emergency designation has meant that some criminal proceedings were delayed in the Arizona District. The vacancy crisis places additional pressure on sitting judges, particularly the eight senior judges …
"High Crimes And Misdemeanors": Recovering The Intentions Of The Founders, Gary L. Mcdowell
"High Crimes And Misdemeanors": Recovering The Intentions Of The Founders, Gary L. Mcdowell
Law Faculty Publications
Such serious charges by so many distinguished historians demand a careful consideration of what the Founders meant by "high Crimes and Misdemeanors": Were they only indictable crimes or did they include what one of the Framers called "political crimes and misdemeanors?" Were they offenses that a President would commit only in "the exercise of executive power" or did they also include a President's malfeasance committed in his private capacity? Were they subject to a reasonably fixed meaning or were they to be determined simply by the exercise of the "awful discretion" of those in Congress called upon to impeach and …
Separation Of Powers And The 1995-1996 Budget Impasse, Henry L. Chambers, Jr.
Separation Of Powers And The 1995-1996 Budget Impasse, Henry L. Chambers, Jr.
Law Faculty Publications
Separation of powers doctrine will have implications for any budget regime which contemplates explicit power sharing. This Article examines the possible separation of power pitfalls which threaten to undermine the emergence of a relatively healthy new budget regime and the creative mechanisms necessary to make that regime work. The Constitution does not provide many explicit instructions regarding the federal budgeting process. Thus, whether a particular budget arrangement is a good one requires a largely political analysis. Whether a particular budget arrangement is constitutional must be answered by the Supreme Court. On what basis the Court should make such a decision, …