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2003

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Full-Text Articles in Law

Out Of Office And In The News: Early Projections Of The Clinton Legacy, Lori Cox Han, Matthew J. Krov Dec 2003

Out Of Office And In The News: Early Projections Of The Clinton Legacy, Lori Cox Han, Matthew J. Krov

Political Science Faculty Articles and Research

During the first year after a president has left office, the tone and topic of news media coverage can influence a legacy greatly. This study examines coverage of Bill Clinton during his first year out of office in the New York Times and on network news shows and compares this coverage to that of Ronald Reagan and George Bush during their first years out of office. We find that Clinton received substantially more news coverage during the first year out of office than did either Reagan or Bush, and that Clinton's coverage in the media was also more critical and …


Executing The Laws Or Executing An Agenda: Usurpation Of Statutory And Constitutional Rights By The Department Of Justice, Christopher C. Sabis Oct 2003

Executing The Laws Or Executing An Agenda: Usurpation Of Statutory And Constitutional Rights By The Department Of Justice, Christopher C. Sabis

University of Michigan Journal of Law Reform

The Department ofJustice (DOJ) can compel individuals and entities to sacrifice their constitutional or statutory rights. The DOJ can do so through brute political force, settlements and consent decrees, selective statutory enforcement, and prosecutions that coerce future actors not to pursue goals contrary to the policy desires of the executive branch. The current regime provides few constraints on the DOJ's ability to abuse its legal authority to achieve political objectives. This unbridled power jeopardizes the rights of both opposing and third parties.

This Note examines, in a bipartisan manner, the methods the Justice Department employs that deprive opponents or third …


Enron, Watergate And The Regulation Of The Legal Profession, Arnold Rochvarg Oct 2003

Enron, Watergate And The Regulation Of The Legal Profession, Arnold Rochvarg

All Faculty Scholarship

The most famous scandal of the twentieth century was the Watergate scandal, which most notably led to the resignation of Richard Nixon as President of the United States. The significance of Watergate, however, extends further than the resignation of Nixon. Because Watergate involved so many lawyers, it had a great impact on the regulation of the legal profession. Although the twenty-first century has just started, the strongest contender for this century's most famous scandal is the Enron scandal. Although the Enron scandal is identified mostly with misconduct by accountants and corporate officials, it too involved lawyers and has impacted on …


Lbj's Ghost: A Contextual Approach To Targeting Decisions And The Commander In Chief, James E. Baker Oct 2003

Lbj's Ghost: A Contextual Approach To Targeting Decisions And The Commander In Chief, James E. Baker

Georgetown Law Faculty Publications and Other Works

The moral imperative and relevance of the Law of Armed Conflict (“LOAC”) is more apparent today than before September 11, 2001. Law distinguishes democratic societies from the terrorists who attack them; nowhere is this more apparent than in the methods and means of warfare. Indeed, part of our revulsion and contempt for terrorism lies in the terrorists' indiscriminate, disproportionate, and unnecessary violence against civilians. In contrast, the enduring strength of the LOAC is its reliance on the principles of proportionality, necessity, and discrimination, which protect civilians and minimize combatant suffering. For these reasons, we should not begrudge the LOAC's limitations …


The Irrepressible Myth Of Marbury, Michael Stokes Paulsen Aug 2003

The Irrepressible Myth Of Marbury, Michael Stokes Paulsen

Michigan Law Review

Nearly all of American constitutional law today rests on a myth. The myth, presented as standard history both in junior high civics texts and in advanced law school courses on constitutional law, runs something like this: A long, long time ago - 1803, if the storyteller is trying to be precise - in the famous case of Marbury v. Madison, the Supreme Court of the United States created the doctrine of "judicial review." Judicial review is the power of the Supreme Court to decide the meaning of the Constitution and to strike down laws that the Court finds unconstitutional. As …


Bring Back The Draft?, Neal Devins Jul 2003

Bring Back The Draft?, Neal Devins

Faculty Publications

No abstract provided.


Agenda: Water Negotiation Workshop, University Of Colorado Boulder. Natural Resources Law Center, William & Flora Hewlett Foundation Jun 2003

Agenda: Water Negotiation Workshop, University Of Colorado Boulder. Natural Resources Law Center, William & Flora Hewlett Foundation

Water Negotiation Workshop (June 4-5)

"Sponsored by: The Natural Resources law Center of the University of Colorado Law School; Funding provided by: The William and Flora Hewlett Foundation."

"Facilitators: Lucy Moore and Steve Snyder."

"June 4 and 5, 2003, Community House, Chautauqua Park, Boulder, Colorado."

Contents:

Agenda -- Roster of workshop participants -- Biographies of workshop participants -- Maps of Klamath basin -- Key water-related events in the upper Klamath basin -- Federal-state decisionmaking on water : applying lessons learned / David J. Hayes -- Turbulence in the Klamath River basin / Sharon Levy


Maps Of The Klamath Basin And Key Water-Related Events In The Upper Klamath Basin, University Of Colorado Boulder. Natural Resources Law Center Jun 2003

Maps Of The Klamath Basin And Key Water-Related Events In The Upper Klamath Basin, University Of Colorado Boulder. Natural Resources Law Center

Water Negotiation Workshop (June 4-5)

5 pages.

Contents:

Maps of Klamath Basin -- Key water-related events in the Upper Klamath Basin

Excerpted from: Ron Hathaway & Teresa Welch, Water Allocation in the Klamath Reclamation Project, 2001: An Assessment of Natural Resource, Economic, Social, and Institutional Issues with a Focus on the Upper Klamath Basin 31-34, 43 (Oregon State University, University of California, reprinted May 2003). Full report available in Klamath Waters Digital Library at http://digitallib.oit.edu/cdm/ref/collection/kwl/id/9442.


To Finish The Work We Are In: Abraham Lincoln's Speeches, From Lawyer's Briefs To Moral Manifesto, Kenneth Anderson May 2003

To Finish The Work We Are In: Abraham Lincoln's Speeches, From Lawyer's Briefs To Moral Manifesto, Kenneth Anderson

Book Reviews

This essay from the Times Literary Supplement (23 May 2003) reviews books on Lincoln's speeches and writings, particularly the Second Inaugural Address. It examines the transition from the First Inaugural Address to the Second Inaugural Address, finally focusing on how Lincoln seeks to steer between moral relativism about the war - each side does as it sees right - and moral absolutism.


To Finish The Work We Are In: Abraham Lincoln's Speeches, From Lawyer's Briefs To Moral Manifesto (Review Essay), Kenneth Anderson May 2003

To Finish The Work We Are In: Abraham Lincoln's Speeches, From Lawyer's Briefs To Moral Manifesto (Review Essay), Kenneth Anderson

Kenneth Anderson

This essay from the Times Literary Supplement (23 May 2003) reviews books on Lincoln's speeches and writings, particularly the Second Inaugural Address. It examines the transition from the First Inaugural Address to the Second Inaugural Address, finally focusing on how Lincoln seeks to steer between moral relativism about the war - each side does as it sees right - and moral absolutism.


Authorization To Kill Terrorist Leaders And Those Who Harbor Them: An International Analysis Of Defensive Assassination, Brenda L. Godfrey May 2003

Authorization To Kill Terrorist Leaders And Those Who Harbor Them: An International Analysis Of Defensive Assassination, Brenda L. Godfrey

San Diego International Law Journal

The purpose of this Comment is to explore the legal justification for the targeted killing of a terrorist leader as an act of self-defense. In particular, the focus of this Comment will be on the interpretation of the self-defense doctrine under customary international law and the United Nations Charter. First, this Comment will examine the background and common definitions of assassination. Then, the focus will shift to an evaluation of the relevant customary international law and the Caroline doctrine. Next, this Comment will analyze the United Nations Charter, Article 51 as it relates to a claim of self-defense in response …


Foreign Affairs: Presidential Initiative And Congressional Control, David P. Currie May 2003

Foreign Affairs: Presidential Initiative And Congressional Control, David P. Currie

Michigan Law Review

Jefferson Powell is one of our foremost scholars of constitutional history. He is particularly adept at bringing extrajudicial sources to bear on constitutional issues. Owing perhaps in part to his extensive service in the Department of Justice, he has a special facility for the use of executive materials; he is surely our leading academic expert on executive interpretation of the Constitution. In his latest book Professor Powell applies his enviable skills to the recurring, fundamental, and controversial question of the division of authority between the President and Congress in the realm of foreign affairs. As is always the case when …


Confirmation Gridlock: The Federal Judicial Appointments Process Under Bill Clinton And George W. Bush, John Anthony Maltese Apr 2003

Confirmation Gridlock: The Federal Judicial Appointments Process Under Bill Clinton And George W. Bush, John Anthony Maltese

The Journal of Appellate Practice and Process

No abstract provided.


Appellate Judicial Appointments During The Clinton Presidency: An Inside Perspective, Sarah Wilson Apr 2003

Appellate Judicial Appointments During The Clinton Presidency: An Inside Perspective, Sarah Wilson

The Journal of Appellate Practice and Process

No abstract provided.


Congress, Civil Liberties, And The War On Terrorism, Neal Devins Apr 2003

Congress, Civil Liberties, And The War On Terrorism, Neal Devins

William & Mary Bill of Rights Journal

In exercising his war-making powers, the President has historically pursued war-related initiatives that implicate civil liberties. Meanwhile, the Congress, with little incentive to resist these initiatives, has played a steadily declining role in warmaking. In this Essay, Professor Devins examines this dynamic, and argues that with Congress largely standing on the sidelines as the President leads the nation in war, it is the American public that has become the principal check on the powers of the President in wartime.


Editor's Note, Padraig O'Malley Mar 2003

Editor's Note, Padraig O'Malley

New England Journal of Public Policy

Much has changed in the world since the last issue of this journal. All is indeed changed and changed utterly. But we have no terrible beauty with which to console ourselves. For the foreseeable future, the debate over whether we live in a unilateral or multilateral world is moot. A new Rome rules with an arrogance only the truly certain can master.

The invasion of Iraq definitively answered the question: What is the New World Order? America is, and America’s order will continue until Americans themselves decide otherwise, and that, in the short term at least, means whether they will …


White House Inheritors And Climbers: Presidential Kin, Class, And Performance, 1789–2002, Garrison Nelson Mar 2003

White House Inheritors And Climbers: Presidential Kin, Class, And Performance, 1789–2002, Garrison Nelson

New England Journal of Public Policy

The 2000 presidential election that pitted Republican Texas Governor George W. Bush, the son of a former president against Democratic Vice President Albert Gore, Jr., the son of a former U.S. senator was a dramatic reminder that presidential politics in the United States is not an equal opportunity employer. In this article retrospective assessments of presidential performance are related to social class and kinship connections for the forty-two presidents from George Washington to George W. Bush. Three separate evaluations of presidential performance were used: the 1989 Murray-Blessing Survey; the widely cited 1996 New York Times poll prepared by Arthur M. …


Proposal For A New Executive Order On Assassination, Jeffrey F. Addicott Mar 2003

Proposal For A New Executive Order On Assassination, Jeffrey F. Addicott

University of Richmond Law Review

No abstract provided.


Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla Mar 2003

Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.


Politics And Principle: An Alternative Take On Seth P. Waxman's Defending Congress, Neal Devins Jan 2003

Politics And Principle: An Alternative Take On Seth P. Waxman's Defending Congress, Neal Devins

Faculty Publications

No abstract provided.


Executive Clemency: An Ancient Power And A Modern Solution, Brendan Keating Jan 2003

Executive Clemency: An Ancient Power And A Modern Solution, Brendan Keating

Public Interest Law Reporter

No abstract provided.


The Lame Ducks Of Marbury, John C. Nagle Jan 2003

The Lame Ducks Of Marbury, John C. Nagle

Journal Articles

The election of 1800 was one of the most contested - and important - in American history. After it became clear that neither President John Adams nor a Federalist majority in Congress had been reelected, they acted during the lame-duck period to preserve their influences far into the future. They did so by appointing John Marshall as Chief Justice, ratifying the Treaty with France, creating numerous new federal judicial positions, and filling many of those positions with friends, family, and Federalists (including William Marbury). Not surprisingly, Jefferson and his supporters protested these actions as contrary to the will of the …


Constitutional Law: The Province And Duty Of The Judicial Department: Why The Court Cannot Continue To Use Justiciability To Avoid Dealing With The Tension Between Congress And The President Regarding The War Powers, Cassandra L. Wilkinson Jan 2003

Constitutional Law: The Province And Duty Of The Judicial Department: Why The Court Cannot Continue To Use Justiciability To Avoid Dealing With The Tension Between Congress And The President Regarding The War Powers, Cassandra L. Wilkinson

Oklahoma Law Review

No abstract provided.


Constitutional Law: The Garvee Bonds Case And Executive Power: Breakthrough Or Blip?, Andrew C. Spiropoulos Jan 2003

Constitutional Law: The Garvee Bonds Case And Executive Power: Breakthrough Or Blip?, Andrew C. Spiropoulos

Oklahoma Law Review

No abstract provided.


Preventive Detention: Prisoners, Suspected Terrorists And Permanent Emergency, Jules Lobel Jan 2003

Preventive Detention: Prisoners, Suspected Terrorists And Permanent Emergency, Jules Lobel

Articles

Central to the United States government’s strategy after the September 11th attacks has been a shift from punishing unlawful conduct to pre-empting possible or potential dangers. This strategy threatens to undermine fundamental principles of both constitutional law and international law which prohibit certain government action based on mere suspicion or perceived threat. The law normally requires that the government wait until a person or nation has committed or is attempting to commit a criminal act before it may employ force in response. The dangers of a policy of preventive detention have been analyzed from a number of perspectives. Historians have …


The Monumental Legacy Of The Antiquities Act Of 1906, Mark Squillace Jan 2003

The Monumental Legacy Of The Antiquities Act Of 1906, Mark Squillace

Publications

The Antiquities Act of 1906 authorizes the President of the United States "to declare by public proclamation, historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon [federal] lands . . . to be national monuments . . . " The law was passed during the Theodore Roosevelt administration, and Roosevelt quickly set about designating a wide range of lands and resources as national monuments, including notably, the 800,000 acre Grand Canyon National Monument. Roosevelt's expansive interpretation of the law was embraced by later presidents and ultimately by the Supreme Court. In …


The National Security Presidency In Constitutional Context: Reflections On Terrorism And The Presidency From The Last Ten Years, James E. Baker Jan 2003

The National Security Presidency In Constitutional Context: Reflections On Terrorism And The Presidency From The Last Ten Years, James E. Baker

Georgetown Law Faculty Publications and Other Works

In this time of terrorist threat, there is no more important institution to study than the national security presidency. That is because the president is singularly situated to command the instruments to counter terrorism. He is also singularly situated to ensure that such instruments are used effectively, lawfully, and in a manner consistent with constitutional values. I believe I have a duty, based on where I have been, to help others observe and understand the institution of the presidency. I do so because I want the national security presidency to succeed in providing for our physical security and in upholding …


Who Was William Marbury?, David F. Forte Jan 2003

Who Was William Marbury?, David F. Forte

Law Faculty Articles and Essays

Of all the disappointed office seekers in American history, only William Marbury has been so honored as to have his portrait hung in the chambers of the United States Supreme Court alongside that of James Madison. The two titular protagonists to the Marbury v. Madison dispute had no idea that their original contretemps would ever find its way to litigation, let alone eventual mythic significance as the foundation stone of judicial review.


The Unitary Executive During The Second Half-Century, Steven G. Calabresi, Christopher S. Yoo Jan 2003

The Unitary Executive During The Second Half-Century, Steven G. Calabresi, Christopher S. Yoo

All Faculty Scholarship

Recent Supreme Court decisions and political events have reinvigorated the debate over Congress's authority to restrict the President's control over the administration of the law. The initial debate focused on whether the Constitutional Convention rejected the executive by committee employed by the Articles of the Confederation in favor of a unitary executive in which all administrative authority is centralized in the President. More recently, the debate has turned towards historical practices. Some scholars have suggested that independent agencies and special counsels have become such established features of the constitutional landscape as to preempt arguments in favor of the unitary executive. …


The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca Jan 2003

The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca

Law Faculty Scholarly Articles

Operation of government in the absence of appropriations has become relatively common in the United States, particularly when projected expenses exceed projected revenue, making adoption of a budget a difficult task for the legislature. This Article focuses on the budget crisis in the Commonwealth of Kentucky from 2002 through 2003. In Part I, this Article recapitulates the history of the spending plan, including the action filed in Franklin Circuit Court to affirm its constitutionality. In Part II, this Article discusses certain theoretical, historical, and legal principles that inform analysis of the plan. In Part III, it considers certain deviations and …