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Articles 1 - 10 of 10
Full-Text Articles in Rule of Law
The Boundaries Of Habeas: Due Process, The Suspension Clause, And Judicial Review Of Expedited Removal Under The Immigration And Nationality Act, Peter Margulies
The Boundaries Of Habeas: Due Process, The Suspension Clause, And Judicial Review Of Expedited Removal Under The Immigration And Nationality Act, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Legal Dilemmas Facing White House Counsel Int He Trump Administration: The Costs Of Public Disclosure Of Fisa Requests, Peter Margulies
Legal Dilemmas Facing White House Counsel Int He Trump Administration: The Costs Of Public Disclosure Of Fisa Requests, Peter Margulies
Law Faculty Scholarship
No abstract provided.
One Rule Of Law Project In Post-Soviet Russia, Albert E. Scherr
One Rule Of Law Project In Post-Soviet Russia, Albert E. Scherr
Law Faculty Scholarship
"One Rule of Law Project in Post-Soviet Russia" is published as Chapter 9 of the book At Home Abroad: Friendship First - A Look at Rule of Law Projects and Other International Insights, (ed. Joseph Nadeau, New York: Austin Macauley Publishers LLC, 2019). This book provides personal insights into an international cooperative effort to promote the rule of law in emerging democracies around the world. Professor Scherr's chapter examines the cultural context within a study of the rule-of-law project that was conducted between 1999 and 2004 in Vologda, Russia.
Can Courts Save Us From Unconstitutional Government Conduct?, John M. Greabe
Can Courts Save Us From Unconstitutional Government Conduct?, John M. Greabe
Law Faculty Scholarship
[Excerpt] "We are living in a troubled time. Across the political spectrum, there is a great deal of concern that government officials have been derelict in honoring their oaths to support and defend the Constitution."
The Origins And Boundaries Of Executive Privilege, John M. Greabe
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."
When The Restatement Is Not A Restatement: The Curious Case Of The "Flagrant Trespasser", David Logan
When The Restatement Is Not A Restatement: The Curious Case Of The "Flagrant Trespasser", David Logan
Law Faculty Scholarship
No abstract provided.
True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies
True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies
Law Faculty Scholarship
Ideological agendas distort the deliberation required for sound legal advice about national security. Elite government lawyers after September 11 advanced a theory at the expense of context, labeling legal constraints as "lawfare" against American interests. The lawfare critics failed to recognize that legal constraints can empower decision makers by reinforcing reputational and other long-term values. They also failed their history test, ignoring the lessons of presidents from Jefferson to Kennedy who rejected a rigid adherence to ideology in the national security realm. By discounting context, the construction of the lawfare paradigm produced dire results, including the torture memos drafted by …
When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy, Peter Margulies
When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Beyond Absolutism: Legal Institutions In The War On Terror, Peter Margulies
Beyond Absolutism: Legal Institutions In The War On Terror, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Judging Terror In The "Zone Of Twilight" Exigency, Institutional Equity, And Procedure After September 11, Peter Margulies
Judging Terror In The "Zone Of Twilight" Exigency, Institutional Equity, And Procedure After September 11, Peter Margulies
Law Faculty Scholarship
No abstract provided.