Law Commons^™

The Role Of U.S. Government Regulatioms, Bert Chapman

Libraries Faculty and Staff Presentations

Provides detailed coverage of information resources on U.S. Government information resources for federal regulations. Features historical background on these regulations, details on the Federal Register and Code of Federal Regulations, includes information on individuals can participate in the federal regulatory process by commenting on proposed agency regulations via https://regulations.gov/, describes the role of presidential executive orders, refers to recent and upcoming U.S. Supreme Court cases involving federal regulations, and describes current congressional legislation seeking to give Congress greater involvement in the federal regulatory process.

The Executive's Privilege, Jonathan David Shaub

Law Faculty Scholarly Articles

Both the executive branch and Congress claim the final word in oversight disputes. Congress asserts its subpoenas are legal binding. The executive branch claims the final authority to assert executive privilege and, accordingly, to refuse to comply with a subpoena without consequence. These divergent views stem in large part from the relative absence of any judicial precedent, including not a single Supreme Court decision on the privilege in context of congressional oversight. In that vacuum - unconstrained by precedent - the executive branch has developed a comprehensive theory of executive privilege to support and implement prophylactic doctrines that render Congress …

Cyberattacks And The Constitution, Matthew C. Waxman

Faculty Scholarship

Contrary to popular view, cyberattacks alone are rarely exercises of constitutional war powers – and they might never be. They are often instead best understood as exercises of other powers pertaining to nonwar military, foreign affairs, intelligence, and foreign commerce, for example. Although this more fine-grained, fact-specific conception of cyberattacks leaves room for broad executive leeway in some contexts, it also contains a strong constitutional basis for legislative regulation of cyber operations.

Congress Underestimated: The Case Of The World Bank, Kristina Daugirdas

Articles

This article challenges the oft-repeated claim that international organizations undermine democracy by marginalizing national legislatures. Over the past forty years, Congress has established itself as a key player in setting U.S. policy toward the World Bank. Congress has done far more than restrain executive branch action with which it disagrees; it has affirmatively shaped the United States’ day-to-day participation in this key international organization and successfully defended its constitutional authority to do so.

Presidential Signing Statements And Congressional Oversight, A. Christopher Bryant

Faculty Articles and Other Publications

In response to highly controversial statements issued by President George W. Bush upon signing various bills into law, an American Bar Association Task Force and Senator Arlen Specter both recently called for the creation of a cause of action to obtain a federal judicial declaration concerning the legal validity of future presidential signing statements. This essay argues that such legislation would be ill-advised and counterproductive. It would exacerbate existing underlying institutional infirmities. More fundamentally, the inclination to facilitate immediate resort to the judiciary for resolution of a dispute between the political branches about the President's constitutional obligations is premised on …

Agenda: The Federal Land Policy And Management Act, University Of Colorado Boulder. Natural Resources Law Center

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

Conference organizers and/or faculty included University of Colorado School of Law professors James N. Corbridge, Lawrence J. MacDonnell, David H. Getches and Charles F. Wilkinson.

This important piece of legislation, passed by Congress in 1976 following many years of extensive study and debate, directs the activities of the nation's major land manager--the Bureau of Land Management. The FLPMA conference will bring together a distinguished group of experts to review the law itself, to consider the effectiveness with which it has been implemented, and to discuss the key issues which have arisen under its implementation.

Re-Separating The Powers: The Legislative Veto And Congressional Oversight After Chadha, Kim I. Moses

Cleveland State Law Review

This Note will initially trace the historical setting in which Chadha v. Immigration and Naturalization Service was decided. In light of the staunch defense of and radical opposition to the veto, the Court's decision will then be analyzed in terms of its scope as well as its potential ramifications. The major focus will concern the future of existing laws which presently embody legislative vetoes, whether they are valid despite these provisions, and how the future of congressional oversight may be affected by the potential demise of the legislative veto. Finally, this Note will recommend a proposal by which the legislature …