Open Access. Powered by Scholars. Published by Universities.®

President/Executive Department Commons

Open Access. Powered by Scholars. Published by Universities.®

881 Full-Text Articles 766 Authors 157,752 Downloads 66 Institutions

All Articles in President/Executive Department

Faceted Search

881 full-text articles. Page 1 of 21.

The Indefinite Deflection Of Congressional Standing, Nat Stern 2016 Pepperdine University

The Indefinite Deflection Of Congressional Standing, Nat Stern

Pepperdine Law Review

Recent litigation brought or threatened against the administration of President Obama has brought to prominence the question of standing by Congress or its members to sue the President for nondefense or non-enforcement of federal law. While scholars divide over the normative propriety of such suits, the Court has never issued a definitive pronouncement on their viability. Nevertheless, the Court’s rulings when the issue has arisen have displayed a distinct pattern. While the Court has not formally repudiated suits of this nature, neither has it issued a decision that hinges on the presence of congressional standing. On the contrary, the ...


Publius's Political Science, John A. Ferejohn, Roderick M. Hills 2016 NYU Law School

Publius's Political Science, John A. Ferejohn, Roderick M. Hills

New York University Public Law and Legal Theory Working Papers

“Publius,” the collective author of The Federalist, was not just a polemicist and normative theorist but also a political scientist. We argue that the political psychology, and institutional predictions that comprise The Federalist are best understood as political science, because the predictions could be – and were – revised in light of “that best oracle of wisdom, experience” (Federalist 15). After outlining some “maintained hypotheses” about human nature that undergird The Federalist, we describe three respects in which James Madison revised, in light of post-1790 experience, Publius’ institutional predictions. The Federalist pressed the view that the national legislature would be the most ...


The Executive, Shubhankar Dam 2016 City University of Hong Kong

The Executive, Shubhankar Dam

Shubhankar Dam

India has a parliamentary system. The President is the head of the Union of India; the Prime Minister is the head of government.1 Along with his or her cabinet, the Prime Minister is responsible to the Lower House of Parliament.2 States have similar arrangements. They are formally headed by Governors. But chief ministers and their cabinets lead the governments. Executive power, ordinarily, is exercised by the Prime Minister, chief ministers and their respective councils of ministers. However, in keeping with India’s Westminster inheritance, such power often vests in the formal heads, and is exercised in their names ...


Nlrb V. Noel Canning Exposes Judicial Incapacity: “Junior Varsity Politicians” Foul The President’S Textual Appointment Discretion, Victor Williams 2016 The Catholic University of America, Columbus School of Law

Nlrb V. Noel Canning Exposes Judicial Incapacity: “Junior Varsity Politicians” Foul The President’S Textual Appointment Discretion, Victor Williams

Scholarly Articles and Other Contributions

This Article is offered in tribute to civil rights legends Leon Higginbotham, Spottswood Robinson, and David Rabinovitz whose judicial recess appointments were invalidated by National Labor Relations Board v. Noel Canning. It also honors President Lyndon Johnson, who made the bold decision within just six weeks of inheriting the Oval Office, to force racial and religious integration of the federal judiciary by signing the recess commissions. The appointments, made in January 1964 during an eight day intercession recess of the 88th Senate, were President Johnson’s initial salvo in a hard-fought battle that resulted in historic advances in both civil ...


Binding The Enforcers: The Administrative Law Struggle Behind Pres. Obama’S Immigration Actions, Michael Kagan 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

Binding The Enforcers: The Administrative Law Struggle Behind Pres. Obama’S Immigration Actions, Michael Kagan

Scholarly Works

President Obama’s ambitious use of executive discretion in immigration – especially the DACA and DAPA programs – should be understood in context of a struggle within the executive branch between the President and frontline enforcement officers in the Department of Homeland Security who have actively resisted his policy agenda. The so far successful litigation by 26 states to partially halt these programs has focused on this struggle within the executive branch, rather than on the stalemate between the President and Congress over legislative immigration reform. In preliminary rulings, the federal district court and the Court of Appeals have interpreted ambiguous provisions ...


Hey America! Let's Get Smart: The Need For A Reliable Modern Smart Electrical Grid Resistance To Cyberattacks, Richard J. Kisielowski II 2015 Catholic University of America, Columbus School of Law

Hey America! Let's Get Smart: The Need For A Reliable Modern Smart Electrical Grid Resistance To Cyberattacks, Richard J. Kisielowski Ii

Catholic University Journal of Law and Technology

No abstract provided.


Newsroom: Logan On 2015'S Record Settlements, Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Logan On 2015'S Record Settlements, Roger Williams University School Of Law

Life of the Law School (1993- )

Also available @ http://law.rwu.edu/story/logan-2015s-record-settlements


Legitimacy And Cooperation: Will Immigrants Cooperate With Local Police Who Enforce Federal Immigration Law?, Adam B. Cox, Thomas J. Miles 2015 NYU School of Law

Legitimacy And Cooperation: Will Immigrants Cooperate With Local Police Who Enforce Federal Immigration Law?, Adam B. Cox, Thomas J. Miles

New York University Public Law and Legal Theory Working Papers

Solving crimes often requires community cooperation. Cooperation is thought by many scholars to depend critically on whether community members believe that law enforcement institutions are legitimate and trustworthy. Yet establishing an empirical link between legitimacy and cooperation has proven elusive, with most studies relying on surveys or lab experiments of people’s beliefs and attitudes, rather than on their behavior in the real world. This Article aims to overcome these shortcomings, capitalizing on a unique natural policy experiment to directly address a fundamental question about legitimacy, cooperation, and law enforcement success: do de-legitimating policy interventions actually undermine community cooperation with ...


Legitimacy And Cooperation: Will Immigrants Cooperate With Local Police Who Enforce Federal Immigration Law?, Adam B. Cox, Thomas J. Miles 2015 NYU School of Law

Legitimacy And Cooperation: Will Immigrants Cooperate With Local Police Who Enforce Federal Immigration Law?, Adam B. Cox, Thomas J. Miles

New York University Law and Economics Working Papers

Solving crimes often requires community cooperation. Cooperation is thought by many scholars to depend critically on whether community members believe that law enforcement institutions are legitimate and trustworthy. Yet establishing an empirical link between legitimacy and cooperation has proven elusive, with most studies relying on surveys or lab experiments of people’s beliefs and attitudes, rather than on their behavior in the real world. This Article aims to overcome these shortcomings, capitalizing on a unique natural policy experiment to directly address a fundamental question about legitimacy, cooperation, and law enforcement success: do de-legitimating policy interventions actually undermine community cooperation with ...


The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt, Mark P Nevitt 2015

The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt, Mark P Nevitt

Mark P Nevitt

Climate change is the world’s greatest environmental threat. And it is increasingly understood as a threat to domestic and international peace and security. In recognition of this threat, the President has taken the initiative to prepare for climate change’s impact – in some cases drawing sharp objections from Congress. While both the President and Congress have certain constitutional authorities to address the national security threat posed by climate change, the precise contours of their overlapping powers are unclear. As Commander in Chief, the President has the constitutional authority to repel sudden attacks and take care that the laws are ...


Exploring Cultural Competence In The Context Of Medical-Legal Partnership, Recent Developments In Health Care Law: Culture And Controversy, Lisa Bliss, Sylvia Caley 2015 Georgia State University College of Law

Exploring Cultural Competence In The Context Of Medical-Legal Partnership, Recent Developments In Health Care Law: Culture And Controversy, Lisa Bliss, Sylvia Caley

Sylvia B. Caley

This article reviews recent developments in health care law, focusing on controversy at the intersection of health care law and culture. The article addresses: emerging issues in federal regulatory oversight of the rapidly developing market in direct-to-consumer genetic testing, including questions about the role of government oversight and professional mediation of consumer choice; continuing controversies surrounding stem cell research and therapies and the implications of these controversies for healthcare institutions; a controversy in India arising at the intersection of abortion law and the rights of the disabled but implicating a broader set of cross-cultural issues; and the education of U ...


Exploring Cultural Competence In The Context Of Medical-Legal Partnership, Recent Developments In Health Care Law: Culture And Controversy, Lisa Bliss, Sylvia Caley 2015 Georgia State University College of Law

Exploring Cultural Competence In The Context Of Medical-Legal Partnership, Recent Developments In Health Care Law: Culture And Controversy, Lisa Bliss, Sylvia Caley

Lisa Radtke Bliss

This article reviews recent developments in health care law, focusing on controversy at the intersection of health care law and culture. The article addresses: emerging issues in federal regulatory oversight of the rapidly developing market in direct-to-consumer genetic testing, including questions about the role of government oversight and professional mediation of consumer choice; continuing controversies surrounding stem cell research and therapies and the implications of these controversies for healthcare institutions; a controversy in India arising at the intersection of abortion law and the rights of the disabled but implicating a broader set of cross-cultural issues; and the education of U ...


Accountability And The Foreign Commerce Power: A Case Study Of The Regulation Of Exports, Richard R. Carlson 2015 University of Georgia School of Law

Accountability And The Foreign Commerce Power: A Case Study Of The Regulation Of Exports, Richard R. Carlson

Georgia Journal of International & Comparative Law

No abstract provided.


Democracy And Torture, Patrick Maurer 2015 Selected Works

Democracy And Torture, Patrick Maurer

Patrick A Maurer

September 11th spawned an era of political changes to fundamental rights. The focus of this discussion is to highlight Guantanamo Bay torture incidents. This analysis will explore the usages of torture from a legal standpoint in the United States.


Public Bioethics And The Bush Presidency, O. Snead 2015 Notre Dame Law School

Public Bioethics And The Bush Presidency, O. Snead

O. Carter Snead

Public bioethics figured prominently during the tenure of President George W. Bush. This Article explores the Bush legacy in this domain. It begins by articulating and examining the grounding norms of President Bush’s approach to public bioethics. Next, it analyzes how these norms were applied to concrete areas of concern. Building on this analysis, the next section reflects on what the President’s actions illustrate about the capacity of the Executive Branch to shape public bioethics. The Article concludes with a brief discussion of the possible metrics by which the Bush Administration’s efforts might be judged, and then ...


Two-Time Presidents And The Vice-Presidency, Dan T. Coenen 2015 University of Georgia School of Law

Two-Time Presidents And The Vice-Presidency, Dan T. Coenen

Boston College Law Review

Does the Constitution limit the ability of a twice-before-elected President to serve as Vice-President? This question presents an intricate constitutional puzzle, the solution of which requires working through four separate sub-inquiries: Is a two-term President wholly ineligible for the vice-presidency? Is such a person barred from election to the vice-presidency even if that person remains appointable to that office? Is a twice-before-elected President, even if properly placed in the vice-presidency, incapable of succeeding to the presidency? And if such a succession occurs, must the resulting term of service as President expire after two years? This Article addresses each of these ...


Arms Control: Salt Ii- Executive Agreement Or Treaty?, Keith E. Fryer, J. Michael Levengood 2015 University of Georgia School of Law

Arms Control: Salt Ii- Executive Agreement Or Treaty?, Keith E. Fryer, J. Michael Levengood

Georgia Journal of International & Comparative Law

No abstract provided.


Stemming The Hobby Lobby Tidal Wave: Why Rfra Challenges To Obama's Executive Order Prohibiting Federal Contractors From Discriminating Against Lgbt Employees Will Not Succeed, Kayla Higgins 2015 Chicago-Kent College of Law

Stemming The Hobby Lobby Tidal Wave: Why Rfra Challenges To Obama's Executive Order Prohibiting Federal Contractors From Discriminating Against Lgbt Employees Will Not Succeed, Kayla Higgins

Kayla Higgins

On July 21, 2014 President Obama released Executive Order 13672, which expressly aimed to provide for a uniform policy for the Federal Government to prohibit discrimination and take further steps to promote economy and efficiency in Federal Government procurement by prohibiting discrimination based on sexual orientation and gender identity. Some commentators believe that the order “could be the next battleground” for the competing views of religious leaders and liberals when it comes to how to weigh religious liberty against other priorities. However, there are two main reasons why the most recent executive order should not crumble under the Hobby Lobby ...


A Brief Argument For Greater Control Of Litigation Discretion - The Public Interest And Public Choice Contexts, 23 J. Marshall L. Rev. 215 (1990), Walter Kendall 2015 Selected Works

A Brief Argument For Greater Control Of Litigation Discretion - The Public Interest And Public Choice Contexts, 23 J. Marshall L. Rev. 215 (1990), Walter Kendall

Walter J. Kendall lll

No abstract provided.


Clemency 2.0, Paul J. Larkin Jr. 2015 The Heritage Foundation

Clemency 2.0, Paul J. Larkin Jr.

Paul J Larkin Jr.

A trope heard throughout criminal justice circles today is that the system is a dystopia. Although most of the discussion and proposed remedies have centered on sentencing or release, this article focuses on clemency, which has become a controversial subject. The last few Presidents have rarely exercised their pardon power or have used it for ignoble reasons. The former withers the clemency power; the latter besmirches it. President Obama sought to kick start the clemency process through the Clemency Project 2014, which sought to provide relief to the 30,000 crack cocaine offenders unable to take advantage of the prospective-only ...


Digital Commons powered by bepress