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Articles 1 - 30 of 51
Full-Text Articles in Law
The Judicial Safeguards Of Federalism, John C. Yoo
Are Human Rights Universal, Larry Cox, John Yoo
The First Claim: The Burr Trial, United States V. Niwon, And Presidetial Power, John C. Yoo
The First Claim: The Burr Trial, United States V. Niwon, And Presidetial Power, John C. Yoo
John C Yoo
No abstract provided.
The Legality Of The National Security Agency's Bulk Data Surveillance Programs, John Yoo
The Legality Of The National Security Agency's Bulk Data Surveillance Programs, John Yoo
John C Yoo
Controversy has arisen again over the federal government's electronic surveillance efforts to gather intelligence on foreign terrorist groups. Recent disclosures, both authorized and illicit, have described two secret National Security Agency (NSA) programs. The first collects telephone "metadata" such as calling records-but not the content of phone calls-both inside and outside the United States. A second NSA program intercepts the e-mails of non-U.S. persons outside the United States.' Despite the claims of critics, these programs do not violate the Foreign Intelligence Surveillance Act (FISA), as recently amended by Congress, or the Fourth Amendment to the Constitution. Concerns about the proper …
National Security And The Rehnquist Court, John Yoo
Hamdan V. Rumsfeld: The Functional Case For Foreign Affairs Deference To The Executive Branch, Julian Ku, John Yoo
Hamdan V. Rumsfeld: The Functional Case For Foreign Affairs Deference To The Executive Branch, Julian Ku, John Yoo
John C Yoo
No abstract provided.
Saving Originalism, Robert J. Delahunty, John Yoo
Saving Originalism, Robert J. Delahunty, John Yoo
John C Yoo
It is sometimes said that biographers cannot help but come to admire, even love, their subjects. And that adage seems to ring true of Professor Amar, the foremost “biographer” of the Constitution. He loves it not just as a governing structure, or a political system, but as a document. He loves the Constitution in the same way that a fan of English literature might treasure Milton’s Paradise Lost or Shakespeare’s Macbeth. He loves the Constitution not just for the good: the separation of powers, federalism, and the Bill of Rights. He also loves it for its nooks and crannies, idiosyncrasies, …
Who's Afraid Of The Eleventh Amendment - The Limited Impact Of The Court's Sovereign Immunity Rulings, Jesse H. Choper, John C. Yoo
Who's Afraid Of The Eleventh Amendment - The Limited Impact Of The Court's Sovereign Immunity Rulings, Jesse H. Choper, John C. Yoo
John C Yoo
No abstract provided.
Questions For The Critics Of Judicial Review, Saikrishna B. Prakash, John C. Yoo
Questions For The Critics Of Judicial Review, Saikrishna B. Prakash, John C. Yoo
John C Yoo
No abstract provided.
Chief Justice Roberts And His Apologists, John C. Yoo
Chief Justice Roberts And His Apologists, John C. Yoo
John C Yoo
The author argues that U.S. Supreme Court Justice John Roberts is disliked by conservatives due to his role in a ruling upholding the U.S. Affordable Care Act, noting the history of the U.S. Constitution's Commerce Clause.
The Proliferation Security Initiative: A Model For International Cooperation, John Yoo, Glenn Sulmasy
The Proliferation Security Initiative: A Model For International Cooperation, John Yoo, Glenn Sulmasy
John C Yoo
No abstract provided.
Peeking Abroad: The Supreme Court's Use Of Foreign Precedents In Constitutional Cases, John Yoo
Peeking Abroad: The Supreme Court's Use Of Foreign Precedents In Constitutional Cases, John Yoo
John C Yoo
No abstract provided.
Assassination Or Targeted Killings After 9/11, John Yoo
Assassination Or Targeted Killings After 9/11, John Yoo
John C Yoo
No abstract provided.
The New Sovereignty And The Old Constitution: The Chemical Weapons Convention And The Appointments Clause, John C. Yoo
The New Sovereignty And The Old Constitution: The Chemical Weapons Convention And The Appointments Clause, John C. Yoo
John C Yoo
No abstract provided.
A Return To Coercion: International Law And New Weapon Technologies, Jeremy Rabkin, John C. Yoo
A Return To Coercion: International Law And New Weapon Technologies, Jeremy Rabkin, John C. Yoo
John C Yoo
No abstract provided.
Kosovo War Powers And The Multilateral Future, John C. Yoo
Kosovo War Powers And The Multilateral Future, John C. Yoo
John C Yoo
No abstract provided.
Effective Alternatives To Causes Of Action Barred By The Eleventh Amendment, Jesse H. Choper, John C. Yoo
Effective Alternatives To Causes Of Action Barred By The Eleventh Amendment, Jesse H. Choper, John C. Yoo
John C Yoo
The article discusses several alternatives to causes of action barred by the Eleventh Amendment in the U.S. It discusses the Eleventh Amendment cases and the academic commentary they have generated. Moreover, it explains the internal constraints on state sovereign immunity such as suits against state officers in their private capacities. In addition to internal constraints, external limitations on sovereign immunity are also addressed.
President Obama And The Framers' Presidency, John Yoo
President Obama And The Framers' Presidency, John Yoo
John C Yoo
An essay is presented on U.S. President Barack Obama, American constitutional law, and the beliefs of the Framers of the U.S. Constitution in regards to the powers of the executive branch as of January 2013. Obama's apparent focus on domestic policy during his first term in office is addressed, including his administration's work in delaying the construction of aerospace company Boeing Co.'s plant in a right-to-work state, as well as the construction of the Keystone XL pipeline.
Judicial Safeguards Of Federalism And The Environment: Yucca Mountain From A Constitutional Perspective, John C. Yoo, Jennifer L. Koester
Judicial Safeguards Of Federalism And The Environment: Yucca Mountain From A Constitutional Perspective, John C. Yoo, Jennifer L. Koester
John C Yoo
No abstract provided.
Lincoln And Habeas: Or Merryman And Milligan And Mccardle, John Yoo
Lincoln And Habeas: Or Merryman And Milligan And Mccardle, John Yoo
John C Yoo
No abstract provided.
Dollar Diplomacy/Dollar Defense: The Fabric Of Economics And National Security Law, Harold Hongju Koh, John Choon Yoo
Dollar Diplomacy/Dollar Defense: The Fabric Of Economics And National Security Law, Harold Hongju Koh, John Choon Yoo
John C Yoo
No abstract provided.
Dream On: The Obama Administration's Nonenforcement Of Immigration Laws, The Dream Act, And The Take Care Clause, Robert J. Delahunty, John C. Yoo
Dream On: The Obama Administration's Nonenforcement Of Immigration Laws, The Dream Act, And The Take Care Clause, Robert J. Delahunty, John C. Yoo
John C Yoo
In the area of national security, foreign policy, and military affairs (where the Executive has long held sway), the Administration has conducted an undeclared cyber-war against Iran, used military force to bring about regime change in Libya, pursued a proxy war in Somalia, and prepared for more extensive shadow warfare in Africa. The Obama Administration has been equally assertive in domestic matters. Especially since the Republican congressional victories in the 2010 midterm elections, the Obama Administration has taken measures based on claims of sole executive authority, even after Congress has considered but rejected such proposals. To be sure, earlier Administrations …
Against Interpretive Supremacy, Saikrishna Prakash, John Yoo
Against Interpretive Supremacy, Saikrishna Prakash, John Yoo
John C Yoo
No abstract provided.
The Bush Doctrine: Can Preventive War Be Justified, Robert J. Delahunty, John Yoo
The Bush Doctrine: Can Preventive War Be Justified, Robert J. Delahunty, John Yoo
John C Yoo
The article explores whether the Iraq war of former U.S. President George W. Bush known as Bush Doctrine is a preventive or preemptive war. He says that the United Nations Security Council Charter used by Bush to justify the war is ineffective in addressing issues on the use of military force. Opponents regard the war as preemptive because Iraq posed no direct or imminent threat to the U.S. but supporters believe it is preventive just like how the U.S. entered World Wars. It cites conditions in which an intervenor can undertake a preventive war.
The President's Constitutional Authority To Conduct Military Operations Against Terrorist Organizations And The Nations That Harbor Or Support Them, Robert J. Delahunty, John C. Yoo
The President's Constitutional Authority To Conduct Military Operations Against Terrorist Organizations And The Nations That Harbor Or Support Them, Robert J. Delahunty, John C. Yoo
John C Yoo
No abstract provided.
Iraqi Reconstruction And The Law Of Occupation, John Yoo
Iraqi Reconstruction And The Law Of Occupation, John Yoo
John C Yoo
No abstract provided.
Courts At War, John Yoo
Can The Government Prohibit Gay Marriage, Jesse H. Choper, John C. Yoo
Can The Government Prohibit Gay Marriage, Jesse H. Choper, John C. Yoo
John C Yoo
No abstract provided.
Our Declaratory Ninth Amendment, John Choon Yoo
Judicial Review And The War On Terrorism, John C. Yoo
Judicial Review And The War On Terrorism, John C. Yoo
John C Yoo
No abstract provided.