Law Commons^™

Biden's Prosecutors, Melanie D. Wilson

Scholarly Articles

In President Biden’s inauguration speech, he offered us hope, while acknowledging America’s challenging history. He also promised progress––real progress––on racial justice. “A cry for racial justice some 400 years in the making moves us. The dream of justice for all will be deferred no longer[,]” he said.

Meaningful progress toward racial equality begins with a fairer criminal justice system. We must take an anti-racist, anti-xenophobic, anti-homophobic, and anti-classist approach to prosecutions. In turn, that type of progress demands sound leadership at the Department of Justice (DOJ) and from the ninety-three United States attorneys whom the President appoints. The lead prosecutors …

The Trump Administration Should Have Attorney Whistleblowers, Carliss N. Chatman

Scholarly Articles

In the Godfather trilogy, lawyers do most of their work outside of the courtroom. The family’s lawyer, Tom Hagen, has the title of consigliere, serving as the boss’s right-hand man. He is legal counsel and also assists with business management and planning. This includes operation of the family’s criminal enterprise. In The Godfather, a lawyer is a fixer, an enforcer, and a collaborator. This conceptualization of the attorney role is not only unethical, it is illegal. Yet, it is the role currently assumed by our Attorney General, William “Bill” Barr, and White House Counsel, Pasquale “Pat” Cipollone. Although both …

Preserving The Nationwide National Government Injunction To Stop Illegal Executive Branch Activity, Doug Rendleman

Scholarly Articles

The Trump Administration’s extravagant claims of executive power have focused the federal courts’ attention on separation of powers, judicial review, and equitable jurisdiction to grant broad injunctions that forbid the administration’s violations of the Constitution and federal statutes. Critics question the federal courts’ power to grant broad injunctions that are effective everywhere. These critics maintain, among other things, that the federal courts lack jurisdiction and that broad injunctions improperly affect nonparties and militate against “percolation” of issues in a variety of courts.

This Article examines the critics’ arguments and finds them unconvincing. Accepting the critics’ arguments would rebalance the separation …

Demystifying Nationwide Injunctions, Alan M. Trammell

Scholarly Articles

The phenomenon of nationwide injunctions—when a single district court judge completely prevents the government from enforcing a statute, regulation, or policy—has spawned a vigorous debate. A tentative consensus has emerged that an injunction should benefit only the actual plaintiffs to a lawsuit and should not apply to persons who were not parties. These critics root their arguments in various constitutional and structural constraints on federal courts, including due process, judicial hierarchy, and inherent limits on “judicial power.” Demystifying Nationwide Injunctions shows why these arguments fail.

This Article offers one of the few defenses of nationwide injunctions and is grounded in …

The Constitutional Nature Of The United States Tax Court, Brant J. Hellwig

Scholarly Articles

Is the United States Tax Court part of the Executive Branch of government? One would expect that question would be capable of being definitively answered without considerable difficulty. And as recently expressed by the Court of Appeals for the District of Columbia Circuit, that indeed is the case. In the course of addressing a challenge to the President's ability to remove a judge of the Tax Court for cause on separation of powers grounds, the D.C. Circuit rejected the premise that the removal power implicates two branches of government: "the Tax Court exercises Executive authority as part of the Executive …

May The President Appropriately Invoke God? Evaluating The Embryonic Stem Cell Vetoes, Samuel W. Calhoun

Scholarly Articles

President George W. Bush twice vetoed measures to provide federal funds for embryonic stem cell research requiring the destruction of human embryos. Each veto was premised in part upon his religious beliefs. President Bush’s reliance upon his faith provoked a strong negative reaction. This essay argues that this criticism is baseless.

The essay demonstrates that important political leaders spanning three centuries— including Thomas Jefferson, Abraham Lincoln, and Martin Luther King Jr.—have invoked religious beliefs in explaining their positions. The principle of “separation of church and state,” properly understood, is not a persuasive basis for criticizing this religious heritage. President Bush, …

Fragile Coalition Interviews - Group - Tape 6, July 12, 1975, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.

Fragile Coalition Interviews - Group - Tapes 4&5, July 11-12, 1975, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.

Fragile Coalition Interviews - Group - Tapes 2&3, July 11, 1975, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.

Fragile Coalition Interviews - Group - Tape 1, July 11, 1975, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.

M. Caldwell Butler Audio Diary - Digest Of Transcripts, July 10,1975, M. Caldwell Butler

Butler-Woodlief Recordings

No abstract provided.

Fragile Coalition Interviews - Hamilton Fish Jr., June 26, 1975, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.

Fragile Coalition Interviews - James R. Mann, June 19, 1975, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.

Fragile Coalition Interviews - M. Caldwell Butler, June 19, 1975, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.

Fragile Coalition Interviews - William S. Cohen, June 17, 1975, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.

Fragile Coalition Interviews - Raymond H. Thornton., June 13, 1975, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.

Fragile Coalition Interviews - Thomas F. Railsback, June 11, 1975, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.

Fragile Coalition Interviews - Introduction, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.

Fragile Coalition Interviews - Walter Flowers, June 1975, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.

Fragile Coalition Interviews - Corrected Transcripts - Thornton, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.

Fragile Coalition Interviews - Corrected Transcripts - Railsback, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.

Fragile Coalition Interviews - Corrected Transcripts - Flowers, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.

Fragile Coalition Interviews - Corrected Transcripts - Cohen, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.

M. Caldwell Butler Audio Diary, August 8, 1974 - Transcript, M. Caldwell Butler

Butler-Woodlief Recordings

No abstract provided.

M. Caldwell Butler Audio Diary With Thomas Mooney Re July 23, 1974, M. Caldwell Butler

Butler-Mooney Recordings

No abstract provided.

M. Caldwell Butler Audio Diary With Thomas Mooney Re July 24, 1974, M. Caldwell Butler

Butler-Mooney Recordings

No abstract provided.

M. Caldwell Butler Audio Diary, July 27-31, 1974, M. Caldwell Butler

Butler-Woodlief Recordings

No abstract provided.

M. Caldwell Butler Audio Diary With Thomas Mooney Re July 25-27, 1974, M. Caldwell Butler

Butler-Mooney Recordings

No abstract provided.

M. Caldwell Butler Audio Diary, July 20-26, 1974 - Transcript, M. Caldwell Butler

Butler-Woodlief Recordings

No abstract provided.

M. Caldwell Butler Audio Diary, July 11-18, 1974 - Transcript, M. Caldwell Butler

Butler-Woodlief Recordings

No abstract provided.