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Articles 1 - 30 of 73
Full-Text Articles in Law
The Racist Roots Of The War On Drugs & The Myth Of Equal Protection For People Of Color, Steven A. Ramirez, Andre Douglas Pond Cummings
The Racist Roots Of The War On Drugs & The Myth Of Equal Protection For People Of Color, Steven A. Ramirez, Andre Douglas Pond Cummings
Faculty Publications & Other Works
By 2021, the costs and pain arising from the propagation of the American racial hierarchy reached such heights that calls for anti-racism and criminal justice reform dramatically expanded. The brutal murder of George Floyd by the Minneapolis police vividly proved that the social construction of race in America directly conflicted with supposed American values of equal protection under law and notions of basic justice. The racially-driven War on Drugs (WOD) fuels much of the dissonance between American legal mythology—such as the non-discrimination principle and the impartial administration of the rule of law—and the reality of race in the United States. …
Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer
Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer
Touro Law Review
No abstract provided.
Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer
Ruth Bader Ginsburg, Wise Legal Giant, Thomas A. Schweitzer
Scholarly Works
No abstract provided.
Impeachment, Donald Trump And The Attempted Extortion Of Ukraine, Lawrence J. Trautman
Impeachment, Donald Trump And The Attempted Extortion Of Ukraine, Lawrence J. Trautman
Pace Law Review
For only the third time in the nation’s history, the decade of the 2020s begins with impeachment of a U.S. president. The first three years of the Trump presidency is characterized by: incitement of rampant political and racial polarization; multiple lies to the public on a daily basis from the president and administration; unprecedented cabinet and high level administrative personnel turnover; multiple convictions and sentencing of high level election campaign and administrative officials for crimes sounding in bribery and corruption; an investigation by Robert Mueller into Russian involvement in the 2016 U.S. elections; continuous violations of the Constitutional emoluments clause …
Educating Strategic Lieutenants At West Point, Scott A. Silverstone
Educating Strategic Lieutenants At West Point, Scott A. Silverstone
The US Army War College Quarterly: Parameters
This article argues West Point responded to the changing strategic environment from the end of the Cold War through the post-9/11 period by innovating its curriculum. Over the past several decades, however, the academy’s educational model has remained remarkably stable, rooted in an enduring commitment to a rigorous liberal education as the best preparation for officers confronting the inherent uncertainties of future wars.
A Loss Of Control: Privilege Cases Diminish Presidential Power, Neal Devins
A Loss Of Control: Privilege Cases Diminish Presidential Power, Neal Devins
Neal E. Devins
No abstract provided.
Private Lives Of Public Figures, Charlotte Miriam Albert
Private Lives Of Public Figures, Charlotte Miriam Albert
Senior Projects Fall 2019
Senior Project submitted to The Division of Social Studies of Bard College.
Immunity Incorporated: All The Injustice That Jeffrey Epstein Can Buy, Janice G. Raymond
Immunity Incorporated: All The Injustice That Jeffrey Epstein Can Buy, Janice G. Raymond
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
North Korea’S Nuclear Program And Negotiation: How Nuclear Negotiation During The Clinton Years Produced Lessons For Current International Relations, Brian Hilliker
Senior Honors Theses
North Korea’s road of survival began in the aftermath of World War II, when the United States and the Soviet Union sparred over rival ideologies. Ultimately, Korea split into a free south and an authoritarian north. Over seventy years later, North Korea remains a bastion of communism. Nuclear weaponry is a factor behind North Korea’s survival, and the history of their program can offer insight for American policy makers today. This paper offers a history of North Korea’s nuclear weapons program during the Clinton presidency, along with recommendations for present day policy makers. Without an understanding of history decision-makers tend …
Lessons Unlearned: Army Transformation And Low-Intensity Conflict, Pat Proctor
Lessons Unlearned: Army Transformation And Low-Intensity Conflict, Pat Proctor
The US Army War College Quarterly: Parameters
This article examines the US Army’s experiences and lessons learned during military interventions in Bosnia and Herzegovina and Kosovo. It explores why these lessons did not affect the Army transformation, directed in the late-1990s by James M. Dubik, John W. Hendrix, John N. Abrams, and Eric K. Shinseki.
Card: Thank You Note From President Bill Clinton, William Jefferson Clinton
Card: Thank You Note From President Bill Clinton, William Jefferson Clinton
Saffy Collection - All Textual Materials
Note: To Edna Saffy, your support and friendship during my first term have meant much to me and our administration. Thank you. Bill Clinton.
Combating The Ninth Circuit Judicial Vacancy Crisis, Carl W. Tobias
Combating The Ninth Circuit Judicial Vacancy Crisis, Carl W. Tobias
Law Faculty Publications
When Donald Trump became President, the United States Court of Appeals for the Ninth Circuit had four judicial vacancies that the Administrative Office of the U.S. Courts (AO) identified as “judicial emergencies.” The court also faces a larger caseload than all the other regional circuits, and has frequently decided appeals the least swiftly. The 2016 election returns indicate that more confirmations will be necessary due to additional court members’ probable retirement or assumption of senior status during President Trump’s administration. Striking politicization could frustrate this effort, however. Soon after the inauguration, President Trump signed a novel executive order proscribing U.S. …
Beyond Baby Steps An Empirical Study Of The Impact Of Environmental Justice Executive Order 12898, Elizabeth Ann Glass Geltman, Gunwant Gill, Miriam Jovanovic
Beyond Baby Steps An Empirical Study Of The Impact Of Environmental Justice Executive Order 12898, Elizabeth Ann Glass Geltman, Gunwant Gill, Miriam Jovanovic
Publications and Research
This study evaluated the impact of Executive Order (EO) 12898 to advance environmental justice. We conducted a review evaluating the frequency and effective use of EO 12898 since execution with particular focus following President Obama’s Plan EJ 2014. We found that both EO 12898 and Plan EJ 2104 had little, if any, impact on federal regulatory decision making. To the extent federal agencies discussed EO 12898, most did so in boilerplate rhetoric that satisfied compliance but was devoid of detailed thought or analysis. In the 21st year, with the exception of the Environmental Protection Agency, very little federal regulatory activity …
Terms Of Endearment And Articles Of Impeachment, Charles W. Collier
Terms Of Endearment And Articles Of Impeachment, Charles W. Collier
Charles W. Collier
It is a long-established principle that presidential impeachment is an appropriate remedy only for “high Crimes and Misdemeanors” of a public nature (with the possible exception of private crimes so heinous that the President “cannot be permitted to remain at large”). The crux of this Essay's argument is that the President's affair with Monica Lewinsky was a private matter that was not rendered “public” simply because Mr. Clinton lied about it. With its vote against removing the President, the Senate seemed to agree.
"Greatest Good Of The Greatest Number In The Long Run": Tr, Pinchot, And The Origins Of Sustainability In America, Charles Wilkinson
"Greatest Good Of The Greatest Number In The Long Run": Tr, Pinchot, And The Origins Of Sustainability In America, Charles Wilkinson
Publications
No abstract provided.
Two-Time Presidents And The Vice-Presidency, Dan T. Coenen
Two-Time Presidents And The Vice-Presidency, Dan T. Coenen
Scholarly Works
Does the Constitution limit the ability of a twice-before-elected President to serve as Vice-President? This question, as it turns out, presents an intricate constitutional puzzle, the solution of which requires working through four separate sub-inquiries: Is a two-term President totally ineligible for the Vice-Presidency? Is such a person barred from election to the Vice-Presidency even if that person remains appointable to that office? Is a twice-before-elected President, even if properly placed in the Vice-Presidency, incapable of succeeding from that office to the Presidency? And even if such a succession can occur, must the resulting term of service as President expire …
Impeachment And Assassination, Josh Chafetz
Impeachment And Assassination, Josh Chafetz
Josh Chafetz
In 1998, the conservative provocateur Ann Coulter made waves when she wrote that President Clinton should be either impeached or assassinated. Coulter was roundly - and rightly - condemned for suggesting that the murder of the President might be justified, but her conceptual linking of presidential impeachment and assassination was not entirely unfounded. Indeed, Benjamin Franklin had made the same linkage over two hundred years earlier, when he noted at the Constitutional Convention that, historically, the removal of “obnoxious” chief executives had been accomplished by assassination. Franklin suggested that a proceduralized mechanism for removal - impeachment - would be preferable. …
Executive Privilege: The Clinton Administration In The Courts, Neil Kinkopf
Executive Privilege: The Clinton Administration In The Courts, Neil Kinkopf
Neil J. Kinkopf
Exploring the role of the judicial branch of the federal government in Clinton-era executive privilege claims, Neil Kinkopf suggests that courts have misunderstood executive privilege. Professor Kinkopf points out that federal courts have given different treatment to executive privilege claims asserted in judicial and congressional arenas, protecting the Judiciary from encroachment by the executive branch, while avoiding becoming involved in controversies among the political branches. He argues that the judicial confusion about executive privilege stems from the fact that courts have interpreted cases such as Clinton v. Jones to be about the separation of powers between the executive and judicial …
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
Hillary A Henderson
Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or …
Clinton, Ginsburg, And Centrist Federalism, Russell A. Miller
Clinton, Ginsburg, And Centrist Federalism, Russell A. Miller
Russell A. Miller
This Article examines Justice Ginsburg's overlooked federalism jurisprudence and concludes that it almost perfectly complements President Bill Clinton's New Democratic centrism, especially his pro-state federalism agenda. The Article concludes that their nuanced, "centrist" approach to federalism has two characteristics. First,t hey value the states 'governing autonomy and show respect for the state agents that realize that autonomy. Second, they credit the states as intersubjective actors engaged in the pursuit of their interests, albeit in political processes usually carried out at the federal level.
Federal Family Policy And Family Values From Clinton To Obama, 1992-2012 And Beyond, Linda C. Mcclain
Federal Family Policy And Family Values From Clinton To Obama, 1992-2012 And Beyond, Linda C. Mcclain
Faculty Scholarship
This Article traces the evolution of federal family law and policy from 1992-2012 and beyond by considering the legacy of Clintonism, the “Third Way” political philosophy developed by William Jefferson Clinton and the Democratic Leadership Council. Present day economic inequality is spurring reflection on the role of government and on the meaning and form of progressive politics. Clintonism’s centrist, progressive approach linked governmental provision of opportunity to personal responsibility (“working hard and playing by the rules”) and appealed to values of family, community, faith, liberty, and inclusion. By linking family values to family policies, Clintonism’s New Covenant successfully challenged the …
Impeachment And Assassination, Josh Chafetz
Impeachment And Assassination, Josh Chafetz
Cornell Law Faculty Publications
In 1998, the conservative provocateur Ann Coulter made waves when she wrote that President Clinton should be either impeached or assassinated. Coulter was roundly - and rightly - condemned for suggesting that the murder of the President might be justified, but her conceptual linking of presidential impeachment and assassination was not entirely unfounded. Indeed, Benjamin Franklin had made the same linkage over two hundred years earlier, when he noted at the Constitutional Convention that, historically, the removal of “obnoxious” chief executives had been accomplished by assassination. Franklin suggested that a proceduralized mechanism for removal - impeachment - would be preferable. …
Haiti Needs Socialism, David E. Clark
Haiti Needs Socialism, David E. Clark
David E Clark
Bill Clinton said that the Tsunami survivors six years ago deserved the chance to decide their own future. Haiti deserves the same hands-off approach as they rebuild after the 2010 earthquake. Aristide should be allowed to return and work with Venezuela and Cuba. If he decides to implement the same socialist reforms that have worked elsewhere in the Americas, so be it.
Clinton, Ginsburg, And Centrist Federalism, Russell A. Miller
Clinton, Ginsburg, And Centrist Federalism, Russell A. Miller
Indiana Law Journal
This Article examines Justice Ginsburg's overlooked federalism jurisprudence and concludes that it almost perfectly complements President Bill Clinton's New Democratic centrism, especially his pro-state federalism agenda. The Article concludes that their nuanced, "centrist" approach to federalism has two characteristics. First,t hey value the states 'governing autonomy and show respect for the state agents that realize that autonomy. Second, they credit the states as intersubjective actors engaged in the pursuit of their interests, albeit in political processes usually carried out at the federal level.
February 22, 2008: Amy Sullivan--The Party Faithful: How And Why Democrats Are Closing The God Gap, Bruce Ledewitz
February 22, 2008: Amy Sullivan--The Party Faithful: How And Why Democrats Are Closing The God Gap, Bruce Ledewitz
Hallowed Secularism
Amy Sullivan--The Party Faithful: How and Why Democrats Are Closing the God Gap
January 8, 2008: Why I Don't Support Senator Clinton For President, Bruce Ledewitz
January 8, 2008: Why I Don't Support Senator Clinton For President, Bruce Ledewitz
Hallowed Secularism
Why I Don't Support Senator Clinton for President
The First "First Gentleman": The Role Of President Jane Doe's Husband A Sequel , John Dwight Ingram
The First "First Gentleman": The Role Of President Jane Doe's Husband A Sequel , John Dwight Ingram
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The President Over The Public: The Plebiscitary Presidency At Center Stage, Lori Cox Han
The President Over The Public: The Plebiscitary Presidency At Center Stage, Lori Cox Han
Political Science Faculty Books and Book Chapters
"In this chapter, I will address the question of the usefulness of the public presidency in the current political environment (that is, can a president’s communication strategy make a difference in terms of what he achieves), as well as the constitutional danger, if any, posed by a president’s attempt at public leadership. Has the public presidency, and its focus on the public aspects of the office, thrown the constitutional balance of power between the three branches out of balance? Does the president really gain political power within the constitutional framework of our government if he is a skilled and effective …
New Strategies For An Old Medium: The Weekly Radio Addresses Of Reagan And Clinton, Lori Cox Han
New Strategies For An Old Medium: The Weekly Radio Addresses Of Reagan And Clinton, Lori Cox Han
Political Science Faculty Articles and Research
"While a rich literature exists on presidential communications (including the public/rhetorical presidency and the presidential/press relationship), only recently have presidential scholars begun to analyze weekly radio addresses as an important primary unit of analysis (Rowland and Jones 2002; Sigelman and Whissell 2002a, 2002b). This article analyzes how the use of radio has fit into the overall development of White House communication strategies during the television age, and takes an in-depth look at how Reagan and Clinton used weekly radio addresses to communicate with both the American public and the news media. Specifically, the issues considered here include the strategy development …
Correspondence: To Dr. Edna Saffy From James L. “Skip” Rutherford Iii, Chairman Of The William J. Clinton Foundation, Edna Louise Saffy
Correspondence: To Dr. Edna Saffy From James L. “Skip” Rutherford Iii, Chairman Of The William J. Clinton Foundation, Edna Louise Saffy
Saffy Collection - All Textual Materials
A letter to Dr. Saffy offering a gold-plated keepsake for a donation of $35 or more as a remembrance of the first year anniversary of the William J. Clinton Presidential Center, October 24, 2005.