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Full-Text Articles in Legal History
The Limits Of Presidential Recess Appointment Power, Michael Mcnerney
The Limits Of Presidential Recess Appointment Power, Michael Mcnerney
Legislation and Policy Brief
The purpose of this article is to examine the constitutional, legislative, and traditional authority of the President to make recess appointments. The second section discusses the background of the current debate by framing the issue in the context of recent controversial appointments. The third section examines the constitutional language and common law interpretation of the President’s authority. The fourth section looks at appointment power legislation passed by Congress. The fifth section provides parliamentary and legislative recommendations for Congress to act upon to keep its authority. The article concludes by providing a final examination of the reason for a limited presidential …
Theorizing Agency, Susan Carle
Theorizing Agency, Susan Carle
American University Law Review
Progressive legal scholars today exhibit contrasting views on the scope of legal actors' agency in making "choices" about how to lead their lives. Feminist legal scholar Joan C. Williams, for example, challenges claims that women who leave the paid workforce to stay home with children have made a voluntary choice to take this path. Critical race scholar Ian Haney López, on the other hand, argues that the social construction of racial identity occurs precisely through the many voluntary choices members of both subordinated and dominant racial groups make about matters that implicate racial meanings. Williams contests the idea of voluntary …
Toward A Unifying Theory Of The Separation Of Powers, Bruce G. Peabody, John D. Nugent
Toward A Unifying Theory Of The Separation Of Powers, Bruce G. Peabody, John D. Nugent
American University Law Review
No abstract provided.