Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Administrative law (3)
- Administrative Law (2)
- Constitutional Law (2)
- Constitutional law (2)
- Legal History (2)
-
- Separation of Powers (2)
- Separation of powers (2)
- Access to legal information (1)
- Agency management (1)
- CIA (1)
- Central Intelligence Agency (1)
- Constitutional inteerpretation (1)
- Coordinate construction (1)
- Covert action (1)
- Departmentalism (1)
- Digital technology (1)
- Directives (1)
- Disclosure (1)
- Discretion (1)
- E-government (1)
- Equal dignity principle (1)
- Executive branch (1)
- Executive power (1)
- Government regulation (1)
- How Everything Became War and the Military Became Everything (1)
- Independent agencies (1)
- Internet (1)
- Invalidation (1)
- Legal history (1)
- Military law & governance (1)
Articles 1 - 9 of 9
Full-Text Articles in Legislation
Illuminating Regulatory Guidance, Cary Coglianese
Illuminating Regulatory Guidance, Cary Coglianese
All Faculty Scholarship
Administrative agencies issue many guidance documents each year in an effort to provide clarity and direction to the public about important programs, policies, and rules. But these guidance documents are only helpful to the public if they can be readily found by those who they will benefit. Unfortunately, too many agency guidance documents are inaccessible, reaching the point where some observers even worry that guidance has become a form of regulatory “dark matter.” This article identifies a series of measures for agencies to take to bring their guidance documents better into the light. It begins by explaining why, unlike the …
Reforming The Pentagon: Reflections On How Everything Became War And The Military Became Everything, Mark P. Nevitt
Reforming The Pentagon: Reflections On How Everything Became War And The Military Became Everything, Mark P. Nevitt
All Faculty Scholarship
What best explains how “Everything Became War and the Military Became Everything?”— the provocative title of a recent book by Professor Rosa Brooks of Georgetown Law. In this Essay, I turn to the Department of Defense’s (DoD) unique agency design as the vehicle to address this question. Specifically, I first describe and analyze the role that the 1947 National Security Act and 1986 Goldwater-Nichols Act play in incentivizing organizational behavior within the DoD. These two Acts have broad implications for national security governance. Relatedly, I address the consequences of these two core national security laws, focusing on the …
Presidential Signing Statements: A New Perspective, Christopher S. Yoo
Presidential Signing Statements: A New Perspective, Christopher S. Yoo
All Faculty Scholarship
This Article offers a new perspective on Presidents’ use of signing statements. Following the dichotomy reflected in the literature, I will analyze signing statements raising constitutional objections and those offering interpretive guidance for ambiguous provisions separately. With respect to constitutional interpretation of statutes by the executive branch, Presidents have long asserted the authority and obligation to consider constitutionality when executing statutes. The widespread acceptance of the President’s power to construe statutes to avoid constitutional problems and to refuse to defend the constitutionality of or to enforce statutes in appropriate cases confirms the propriety of this conclusion. If these fairly uncontroversial …
Presidential Control Of Administrative Agencies: A Debate Over Law Or Politics?, Cary Coglianese
Presidential Control Of Administrative Agencies: A Debate Over Law Or Politics?, Cary Coglianese
All Faculty Scholarship
Recent controversy over the unitary executive may be part of what Steven Calabresi and Christopher Yoo have called the “oldest debate in constitutional law.” Yet in this essay, I ask whether this debate is as much legal as it is political. Focusing on the Environmental Protection Agency’s decision to grant California a waiver from national automobile emissions standards, I contrast the divergent reactions to presidential influence under President Bush and President Obama. In both administrations the EPA faced clear presidential pressure, but critics of President Bush’s involvement generally applauded the actions taken by President Obama. The main difference appears to …
Reply Of Professor Rudovsky To Professor Stephen I. Vladeck, "The Field Theory: Martial Law, The Suspension Power, And The Insurrection Act, David Rudovsky
Reply Of Professor Rudovsky To Professor Stephen I. Vladeck, "The Field Theory: Martial Law, The Suspension Power, And The Insurrection Act, David Rudovsky
All Faculty Scholarship
No abstract provided.
The Unitary Executive In The Modern Era, 1945–2004, Christopher S. Yoo, Steven G. Calabresi, Anthony J. Colangelo
The Unitary Executive In The Modern Era, 1945–2004, Christopher S. Yoo, Steven G. Calabresi, Anthony J. Colangelo
All Faculty Scholarship
Since the impeachment of President Clinton, there has been renewed debate over whether Congress can create institutions such as special counsels and independent agencies that restrict the president's control over the administration of the law. Initially, debate centered on whether the Constitution rejected the "executive by committee" used by the Articles of Confederation in favor of a "unitary executive," in which all administrative authority is centralized in the president. More recently, the debate has focused on historical practices. Some scholars suggest that independent agencies and special counsels are such established features of the constitutional landscape that any argument in favor …
The Unitary Executive During The Third Half-Century, 1889-1945, Christopher S. Yoo, Steven G. Calabresi, Laurence D. Nee
The Unitary Executive During The Third Half-Century, 1889-1945, Christopher S. Yoo, Steven G. Calabresi, Laurence D. Nee
All Faculty Scholarship
Recent Supreme Court decisions and the impeachment of President Clinton has reinvigorated the debate over Congress's authority to employ devices such as special counsels and independent agencies to restrict the President's control over the administration of the law. The initial debate focused on whether the Constitution 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 begun to turn towards historical practices. Some scholars have suggested that independent agencies and special counsels have become such established features …
The Unitary Executive During The Second Half-Century, Steven G. Calabresi, Christopher S. Yoo
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. …
Procedural Aspects Of The Consumer Product Safety Act, Antonin Scalia, Frank Goodman
Procedural Aspects Of The Consumer Product Safety Act, Antonin Scalia, Frank Goodman
All Faculty Scholarship
No abstract provided.