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Full-Text Articles in President/Executive Department

Travel Ban Update: Ninth Circuit Holds Eo-3 Exceeds President’S Power, Peter Margulies Dec 2017

Travel Ban Update: Ninth Circuit Holds Eo-3 Exceeds President’S Power, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Travel Ban Update: Without Addressing The Merits, The Supreme Court Stays Injunction Pending Further Proceedings, Peter Margulies Dec 2017

Travel Ban Update: Without Addressing The Merits, The Supreme Court Stays Injunction Pending Further Proceedings, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Travel Ban 3.0: The Hawaii Tro Is Right On The Statute, Peter Margulies Oct 2017

Travel Ban 3.0: The Hawaii Tro Is Right On The Statute, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The New Travel Ban: Undermining The Immigration And Nationality Act, Peter Margulies Sep 2017

The New Travel Ban: Undermining The Immigration And Nationality Act, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Full Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies Sep 2017

Full Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies Sep 2017

Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Norms, Law And The Impeachment Power, John M. Greabe Sep 2017

Norms, Law And The Impeachment Power, John M. Greabe

Law Faculty Scholarship

[Excerpt]

"Most experts believe that, while a president can be criminally prosecuted after leaving office, he cannot be prosecuted while he is president. And while the president may be sued civilly while holding office, the office confers powerful immunities and other constitutional defenses that are unavailable to ordinary civilian defendants."


Ninth Circuit Protects Refugees With Assurances Of Sponsorship, Peter Margulies Sep 2017

Ninth Circuit Protects Refugees With Assurances Of Sponsorship, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Refugee Eo Update: The Supreme Court Hands Each Side A Partial Victory, Peter Margulies Jul 2017

Refugee Eo Update: The Supreme Court Hands Each Side A Partial Victory, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Refugee Eo: Hawaii’S Response To The Government’S Request For A Stay, Peter Margulies Jul 2017

Refugee Eo: Hawaii’S Response To The Government’S Request For A Stay, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Origins And Boundaries Of Executive Privilege, John M. Greabe Jul 2017

The Origins And Boundaries Of Executive Privilege, John M. Greabe

Law Faculty Scholarship

[Excerpt] "When the president or persons working with the president are under investigation . . . the doctrine of executive privilege -which entitles the president to keep confidential certain communications to and from his advisers -inevitably becomes relevant."


Refugee Eo Stay: Ninth Circuit Dismisses Hawaii’S Appeal But Draws A Roadmap For Future Litigation, Peter Margulies Jul 2017

Refugee Eo Stay: Ninth Circuit Dismisses Hawaii’S Appeal But Draws A Roadmap For Future Litigation, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Hawaii Judge Watson Declines To Clarify Scope Of Preliminary Injunction On Executive Order 13,780, Peter Margulies Jul 2017

Hawaii Judge Watson Declines To Clarify Scope Of Preliminary Injunction On Executive Order 13,780, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Eo Stay: The Government Doubles Down On Excluding Grandparents And Refugees, Peter Margulies Jul 2017

The Eo Stay: The Government Doubles Down On Excluding Grandparents And Refugees, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Implementing The Refugee Eo: The State Department Should Consider Refugee Agency Assurances As Bona Fide Relationships, Peter Margulies Jul 2017

Implementing The Refugee Eo: The State Department Should Consider Refugee Agency Assurances As Bona Fide Relationships, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Implementing The Refugee Eo: Add Grandparents, Peter Margulies Jun 2017

Implementing The Refugee Eo: Add Grandparents, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Travel Ban In The Supreme Court: Crafting A Workable Remedy, Peter Margulies Jun 2017

The Travel Ban In The Supreme Court: Crafting A Workable Remedy, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Ninth Circuit’S Refugee Eo Decision: Methodically Misreading The Immigration Statute, Peter Margulies Jun 2017

The Ninth Circuit’S Refugee Eo Decision: Methodically Misreading The Immigration Statute, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Fourth Circuit And The Refugee Eo: Establishing Confusion, Peter Margulies May 2017

The Fourth Circuit And The Refugee Eo: Establishing Confusion, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Trump Presidency And The Press, John M. Greabe May 2017

The Trump Presidency And The Press, John M. Greabe

Law Faculty Scholarship

[Excerpt] "It is not difficult to understand why presidents frequently voice frustration with the press. Imagine being subjected to critical analysis 24/7 by reporters, bloggers and pundits who often lack complete and accurate information but face competitive pressure to publish quickly."


The Ninth Circuit And The Refugee Eo: Back To The Statute?, Peter Margulies May 2017

The Ninth Circuit And The Refugee Eo: Back To The Statute?, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Fourth Circuit Argument On The Refugee Eo: Second-Guessing The President Or Safeguarding Individual Rights?, Peter Margulies May 2017

The Fourth Circuit Argument On The Refugee Eo: Second-Guessing The President Or Safeguarding Individual Rights?, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Can President Trump 'Open Up' The Libel Laws?, John M. Greabe May 2017

Can President Trump 'Open Up' The Libel Laws?, John M. Greabe

Law Faculty Scholarship

[Excerpt] "Libel and slander are branches of the law of defamation. Defamation law authorizes remedies for reputational harm caused by some false statements of fact. A libel is a defamatory statement that is printed or written; a slander is a defamatory statement that is spoken.

During the 2016 presidential campaign, candidate Donald Trump suggested that, if elected, he would "open up our libel laws" to facilitate lawsuits by public officials against news organizations."


Trump, Federalism And The Punishment Of Sanctuary Cities, John M. Greabe Apr 2017

Trump, Federalism And The Punishment Of Sanctuary Cities, John M. Greabe

Law Faculty Scholarship

[Excerpt] “Historically, liberals have tended to hold more expansive under­standings of the scope of federal power. Conservatives, on the other hand, have tended to embrace stronger theories of federalism -- the term we use to describe the reservation of government power to state and local governments under the Constitution.”


Enjoining The Revised Refugee Eo: The Hawaii District Court “Waters Down” The Separation Of Powers, Peter Margulies Mar 2017

Enjoining The Revised Refugee Eo: The Hawaii District Court “Waters Down” The Separation Of Powers, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Upholding The Revised Refugee Executive Order: A Virginia District Court Clari􀂽Es The Establishment Clause Issues, Peter Margulies Mar 2017

Upholding The Revised Refugee Executive Order: A Virginia District Court Clari􀂽Es The Establishment Clause Issues, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Extraordinary Judicial Rebukes Of Trump's Travel Ban, John M. Greabe Mar 2017

The Extraordinary Judicial Rebukes Of Trump's Travel Ban, John M. Greabe

Law Faculty Scholarship

[Excerpt] "President Trump's two executive orders suspending travel to the United States by refugees and foreign nationals from several Muslim-majority countries have been put on hold by a number of lower court federal judges.

Whatever might be said about the merits of these rulings, and regardless of whether they will be upheld in future appeals, they are extraordinary judicial rebukes of a sitting president."


The Revised Refugee Eo In The Courts Ii: The Flawed Maryland District Court Decision, Peter Margulies Mar 2017

The Revised Refugee Eo In The Courts Ii: The Flawed Maryland District Court Decision, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Revised Refugee Eo: Reports Show A Clear Turn Toward Legal Compliance, Peter Margulies Mar 2017

The Revised Refugee Eo: Reports Show A Clear Turn Toward Legal Compliance, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Dhs Border Memo: Ramping Up Expedited Removal And Raising Tensions With Mexico And With Due Process, Peter Margulies Feb 2017

The Dhs Border Memo: Ramping Up Expedited Removal And Raising Tensions With Mexico And With Due Process, Peter Margulies

Law Faculty Scholarship

No abstract provided.