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Series

United States

Constitutional Law

2004

Articles 1 - 2 of 2

Full-Text Articles in Law

War, Responsibility, And The Age Of Terrorism, John Yoo Jan 2004

War, Responsibility, And The Age Of Terrorism, John Yoo

Faculty Scholarship

Discusses the various elements of the book "War and Responsibility," by John Hart Ely, with particular attention to the war on terrorism. Approach of the author both in his method of constitutional interpretation and substantive goals for the warmaking process; Views on whether Ely's approach produces the benefits it claims; Transformation of warfare and threats to the U.S. national security.


Principles To Guide The Office Of Legal Counsel, Walter E. Dellinger Iii, Christopher H. Schroeder, Dawn Johnsen, Randolph Moss, Joseph Guerra, Beth Nolan, Todd Peterson, Cornelia Pillar Jan 2004

Principles To Guide The Office Of Legal Counsel, Walter E. Dellinger Iii, Christopher H. Schroeder, Dawn Johnsen, Randolph Moss, Joseph Guerra, Beth Nolan, Todd Peterson, Cornelia Pillar

Faculty Scholarship

Former members of Office of Legal Counsel ("OLC") in the Department of Justice offer guidance for their successors. Among the document's recommendations are suggestions that the OLC "provide an accurate and honest appraisal of applicable law, even if that advice will constrain the administration’s pursuit of desired policies;" and "publicly disclose its written legal opinions in a timely manner, absent strong reasons for delay or nondisclosure."