Open Access. Powered by Scholars. Published by Universities.®
President/Executive Department Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (51)
- Immigration Law (43)
- Law and Politics (33)
- National Security Law (21)
- Administrative Law (19)
-
- Civil Rights and Discrimination (19)
- Law and Society (19)
- First Amendment (17)
- Supreme Court of the United States (17)
- Social and Behavioral Sciences (15)
- Courts (13)
- Military, War, and Peace (13)
- International Law (12)
- Legislation (11)
- Political Science (11)
- American Politics (9)
- Law and Race (9)
- Legal History (9)
- Criminal Law (8)
- Jurisprudence (7)
- Judges (6)
- Legal Profession (6)
- Comparative and Foreign Law (5)
- Public Law and Legal Theory (5)
- Environmental Law (4)
- International Relations (4)
- Other Law (4)
- Public Affairs, Public Policy and Public Administration (4)
- Institution
-
- Roger Williams University (49)
- University of Michigan Law School (10)
- University of New Hampshire (7)
- Maurer School of Law: Indiana University (6)
- Pepperdine University (6)
-
- New York Law School (5)
- Selected Works (4)
- University of Colorado Law School (4)
- William & Mary Law School (4)
- Northwestern Pritzker School of Law (3)
- University of Pennsylvania Carey Law School (3)
- University of Richmond (3)
- Barry University School of Law (2)
- Boston University School of Law (2)
- Eastern Illinois University (2)
- Florida State University College of Law (2)
- University of Maine School of Law (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Miami Law School (2)
- University of Nebraska - Lincoln (2)
- Vanderbilt University Law School (2)
- American University Washington College of Law (1)
- Duke Law (1)
- Liberty University (1)
- Mercer University School of Law (1)
- Notre Dame Law School (1)
- Purdue University (1)
- Saint Louis University School of Law (1)
- Southern Methodist University (1)
- US Army War College (1)
- Keyword
-
- Immigration (28)
- Refugees (16)
- Donald Trump (11)
- Executive Power (11)
- Trump (11)
-
- President (10)
- Travel Ban (10)
- Executive Order (9)
- Constitutional law (8)
- Executive Branch (8)
- Executive branch (8)
- Administrative law (7)
- Discrimination (7)
- Executive (7)
- Congress (6)
- Government (6)
- Obama (6)
- Policy (6)
- Refugee (6)
- Religion (6)
- Supreme Court (6)
- Tax (6)
- Unconstitutional (6)
- Vice President (6)
- Checks and balances (5)
- Executive authority (5)
- Executive orders (5)
- Exempt (5)
- Legislative Branch (5)
- Military (5)
- Publication
-
- Law Faculty Scholarship (35)
- Life of the Law School (1993- ) (13)
- Law School Blogs (6)
- Pepperdine Law Review (6)
- All Faculty Scholarship (5)
-
- Other Publications (5)
- Faculty Scholarship (4)
- Indiana Journal of Global Legal Studies (4)
- Michigan Journal of Race and Law (4)
- Publications (4)
- Articles (3)
- Northwestern University Law Review (3)
- Barry Law Review (2)
- Florida State University Law Review (2)
- Law Faculty Publications (2)
- Maine Law Review (2)
- Maryland Law Review (2)
- Michigan Law Review (2)
- The Eastern Illinois University Political Science Review (2)
- United States Department of Justice: Publications and Materials (2)
- University of Miami Law Review (2)
- Vanderbilt Journal of Transnational Law (2)
- American University Law Review (1)
- David A. Wirth (1)
- Erwin Chemerinsky (1)
- Faculty Articles and Other Publications (1)
- Faculty Publications (1)
- Georgia Law Review (1)
- Indiana Journal of Constitutional Design (1)
- Indiana Law Journal (1)
- Publication Type
Articles 121 - 139 of 139
Full-Text Articles in President/Executive Department
Rapid Analysis Of Forensic-Related Samples Using Two Ambient Ionization Techniques Coupled To High-Resolution Mass Spectrometers, Eshwar Jagerdeo, Amanda Wriston
Rapid Analysis Of Forensic-Related Samples Using Two Ambient Ionization Techniques Coupled To High-Resolution Mass Spectrometers, Eshwar Jagerdeo, Amanda Wriston
United States Department of Justice: Publications and Materials
RATIONALE: This paper highlights the versatility of interfacing two ambient ionization techniques, Laser Diode Thermal Desorption (LDTD) and Atmospheric Solids Analysis Probe (ASAP), to high-resolution mass spectrometers and demonstrate the method’s capability to rapidly generate high-quality data from multiple sample types with minimal, if any, sample preparation.
METHODS: For ASAP-MS analysis of solid and liquid samples, the material was transferred to a capillary surface before being introduced into the mass spectrometer. For LDTD-MS analysis, samples were solvent extracted, spotted in a 96-well plate, and the solvent was evaporated before being introduced into the mass spectrometer. All analyses were performed using …
Co-Belligerency, Rebecca Ingber
Co-Belligerency, Rebecca Ingber
Faculty Scholarship
Executive branch officials rest the President’s authority in today’s war against ISIS, al Qaeda, and other terrorist groups on an expansive interpretation of a 15-year-old statute, the 2001 “Authorization for Use of Military Force” (AUMF), passed in the wake of the 9/11 attacks. They rely on that statute to justify force against groups neither referenced in – nor even in existence at the time of – the 2001 statute, by invoking a creative theory of international law they call “co-belligerency.” Under this theory, the President can read his AUMF authority flexibly, to justify force against not only those groups covered …
Martin Luther King, Jr. Celebration Keynote Speaker: Don Graves, Deputy Assistant To President Obama And Counselor To Vice President Biden: January 24, 2017, Roger Williams University School Of Law
Martin Luther King, Jr. Celebration Keynote Speaker: Don Graves, Deputy Assistant To President Obama And Counselor To Vice President Biden: January 24, 2017, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
The Carried Interest Standoff: Reaffirming Executive Agency Authority, Dean Galaro, Gregory S. Crespi
The Carried Interest Standoff: Reaffirming Executive Agency Authority, Dean Galaro, Gregory S. Crespi
SMU Law Review
This Article argues that, if reform is necessary, carried interest taxation should be amended by agency rulemaking and not by Congress. Much has already been said about carried interest, but this Article attempts to look through a new lens—legislative history. Carried interest presents a complicated question about the application of foundational partnership tax principles. It is an issue that has received popular attention only within the last decade. Since then, the face of reform has been efforts in Congress to pass an overly complex bill—Section 710. By looking back through the legislative history of carried interest, we begin to see …
#Betterrules: The Appropriate Use Of Social Media In Rulemaking, Stephen M. Johnson
#Betterrules: The Appropriate Use Of Social Media In Rulemaking, Stephen M. Johnson
Articles
In December 2015, the Government Accountability Office (GAO) concluded that the Environmental Protection Agency’s (EPA’s) use of various social media tools in a rulemaking under the Clean Water Act violated prohibitions in federal appropriations laws against publicity, propaganda, and lobbying. Although academics previously explored whether the use of technology in rulemaking might violate the Administrative Procedures Act (APA), the Paperwork Reduction Act, or the Federal Advisory Committee Act, none predicted that one of the first firestorms surrounding the use of social media in rulemaking would arise out of federal appropriations laws. ...
As the Administrative Conference of the United States …
Signing Statements And Presidentializing Legislative History, John De Figueiredo, Edward H. Stiglitz
Signing Statements And Presidentializing Legislative History, John De Figueiredo, Edward H. Stiglitz
Faculty Scholarship
Presidents often attach statements to the bills they sign into law, purporting to celebrate, construe, or object to provisions in the statute. Though long a feature of U.S. lawmaking, the President has avowedly attempted to use these signing statements as tool of strategic influence over judicial decision making since the 1980s — as a way of creating “presidential legislative history” to supplement and, at times, supplant the traditional congressional legislative history conventionally used by the courts to interpret statutes. In this Article, we examine a novel dataset of judicial opinion citations to presidential signing statements to conduct the most comprehensive …
Restoring The Legitimacy Of Private Antitrust Enforcement, Robert H. Lande, Joshua P. Davis
Restoring The Legitimacy Of Private Antitrust Enforcement, Robert H. Lande, Joshua P. Davis
All Faculty Scholarship
This is a draft chapter from the American Antitrust Institute's 2017 recommendations to the 45th President of the United States. It contains a brief but well-deserved defense of the benefits of private antitrust enforcement and a critique of the claims that private enforcement in the United States is excessive, that it leads to overdeterrence, and that the courts are plagued with widespread frivolous antitrust lawsuits. It also offer a number of specific recommendations for the new administration to implement in the private antitrust enforcement area, including:
* Educate the courts, the public, and federal and state legislatures about the virtues …
Cognitive Competence In Executive-Branch Decision Making, Anna Spain Bradley
Cognitive Competence In Executive-Branch Decision Making, Anna Spain Bradley
Publications
The decisions Presidents and those operating under their authority take determine the course of our nation and the trajectory of our lives. Consequently, understanding who has the power and authority to decide has captured both the attention of legal scholars across a variety of fields for many years and the immediate worry of the public since the 2016 Presidential election. Prevailing interventions look for ways that law can offer procedural and institutional reforms that aim to maintain separation of powers and avoid an authoritarian regime. Yet, these views commonly overlook a fundamental factor and a more human one: the individuals …
Introducing Govinfo: A New Source For Federal Government Documents Online, Erik Beck
Introducing Govinfo: A New Source For Federal Government Documents Online, Erik Beck
Publications
No abstract provided.
The Emptiness Of Decisional Limits: Reconceiving Presidential Control Of The Administrative State, Cary Coglianese
The Emptiness Of Decisional Limits: Reconceiving Presidential Control Of The Administrative State, Cary Coglianese
All Faculty Scholarship
The heads of administrative agencies exercise authority delegated directly to them through legislation. To what extent, then, may presidents lawfully direct these agency heads to carry out presidential priorities? A prevailing view in administrative law holds that, although presidents may seek to shape and oversee the work of agency officials, they cannot make decisions for those officials. Yet this approach of imposing a decisional limit on presidential control of the administrative state in reality fails to provide any meaningful constraint on presidential power and actually risks exacerbating the politicization of constitutional law. A decisional limit presents these problems because the …
From Treaties To International Commitments: The Changing Landscape Of Foreign Relations Law, Jean Galbraith
From Treaties To International Commitments: The Changing Landscape Of Foreign Relations Law, Jean Galbraith
All Faculty Scholarship
Sometimes the United States makes international commitments in the manner set forth in the Treaty Clause. But far more often it uses congressional-executive agreements, sole executive agreements, and soft law commitments. Foreign relations law scholars typically approach these other processes from the perspective of constitutional law, seeking to determine the extent to which they are constitutionally permissible. In contrast, this Article situates the myriad ways in which the United States enters into international commitments as the product not only of constitutional law, but also of international law and administrative law. Drawing on all three strands of law provides a rich …
Making Treaty Implementation More Like Statutory Implementation, Jean Galbraith
Making Treaty Implementation More Like Statutory Implementation, Jean Galbraith
All Faculty Scholarship
Both statutes and treaties are the “supreme law of the land,” and yet quite different practices have developed with respect to their implementation. For statutes, all three branches have embraced the development of administrative law, which allows the executive branch to translate broad statutory directives into enforceable obligations. But for treaties, there is a far more cumbersome process. Unless a treaty provision contains language that courts interpret to be directly enforceable, they will deem it to require implementing legislation from Congress. This Article explores and challenges the perplexing disparity between the administration of statutes and treaties. It shows that the …
Administrator-In-Chief: The President And Executive Action In Immigration Law, Ming H. Chen
Administrator-In-Chief: The President And Executive Action In Immigration Law, Ming H. Chen
Publications
This Article provides a framework for understanding the role of the President as the Administrator-in-Chief of the executive branch. Recent presidents, in the face of heated controversy and political division, have relied on executive action to advance their immigration policies. Which of these policies are legitimate, and which are vulnerable to challenge, will determine their legacy. This Article posits that the extent to which the President enhances the procedural legitimacy of agency actions strengthens the legacy of the policies when confronted regarding their substance. This emphasis on shoring up administrative procedure is a form of expertise that should be counted …
Despite Trump, Federal ‘Tort Reform’ Makes A Hasty Retreat, Joanne Doroshow
Despite Trump, Federal ‘Tort Reform’ Makes A Hasty Retreat, Joanne Doroshow
Other Publications
No abstract provided.
Congress To Judges: We’Re The Boss Of You Now, Joanne Doroshow
Congress To Judges: We’Re The Boss Of You Now, Joanne Doroshow
Other Publications
No abstract provided.
Pentagon’S Discretion In Trump Trans Military Directive, Arthur S. Leonard
Pentagon’S Discretion In Trump Trans Military Directive, Arthur S. Leonard
Other Publications
No abstract provided.
A History Of Prosecutorial Independence In America, Rebecca Roiphe
A History Of Prosecutorial Independence In America, Rebecca Roiphe
Other Publications
No abstract provided.
Blocking The Courts: The Trump Triple Threat, Joanne Doroshow
Blocking The Courts: The Trump Triple Threat, Joanne Doroshow
Other Publications
No abstract provided.
Executive Action And Nonaction, Tom Campbell