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Articles 1 - 4 of 4
Full-Text Articles in Law
The War Powers Outside The Courts, William Michael Treanor
The War Powers Outside The Courts, William Michael Treanor
Indiana Law Journal
Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.
Marshall, Marbury, And Mr. Byrd: America Unchecked And Imbalanced (Reviewing Losing America By Senator Robert C. Bryd), Gerald G. Ashdown
Marshall, Marbury, And Mr. Byrd: America Unchecked And Imbalanced (Reviewing Losing America By Senator Robert C. Bryd), Gerald G. Ashdown
West Virginia Law Review
No abstract provided.
Internal Separation Of Powers: Checking Today's Most Dangerous Branch From Within, Neal K. Katyal
Internal Separation Of Powers: Checking Today's Most Dangerous Branch From Within, Neal K. Katyal
Georgetown Law Faculty Publications and Other Works
The standard conception of separation of powers presumes three branches with equivalent ambitions of maximizing their powers. Today, however, legislative abdication is the reigning modus operandi. Instead of bemoaning this state of affairs, this piece asks how separation of powers can be reflected within the Executive Branch when that branch, not the legislature, is making much law today. The first-best concept of legislature v. executive checks-and-balances has to be updated to contemplate second-best executive v. executive divisions.
A critical mechanism to promote internal separation of powers is bureaucracy. Much maligned by both the political left and right, bureaucracy serves crucial …
Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Invocations Of Foreign And International Law, Donald J. Kochan
Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Invocations Of Foreign And International Law, Donald J. Kochan
Donald J. Kochan
With increasing frequency and heightened debate, United States courts have been citing foreign and “international” law as authority for domestic decisions. This trend is inappropriate, undemocratic, and dangerous. The trend touches on fundamental concepts of sovereignty, democracy, the judicial role, and overall issues of effective governance. There are multiple problems with the judiciary’s reliance on extraterritorial and extra-constitutional foreign or international sources to guide their decisions. Perhaps the most fundamental flaw is its interference with rule of law values. To borrow from Judge Harold Levanthal, the use of international sources in judicial decision-making might be described as “the equivalent of …