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462 full-text articles. Page 1 of 11.

Executive Power And Regional Climate Change Agreements, Conor J. Walline 2014 Pace University

Executive Power And Regional Climate Change Agreements, Conor J. Walline

Pace Environmental Law Review

This Article explores the potential for such agreements to address climate change on a regional level by analyzing the parallels between the agreements, the nature and limits of the executive power used to create them, and the scope of enforcement available under them. Section II briefly examines the present state of climate warming and its attendant impacts, while Section III highlights the relative failure of current national and international approaches to mitigating climate change. Section IV focuses on the recent rise of environmental regional agreements in the United States, specifically those agreements to which the State of New York has ...


Revenue, U.S. Government, Bert Chapman 2014 Purdue University

Revenue, U.S. Government, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides a historical overview of U.S. Government revenue receipts and spending during the early years of national history. Presents revenue generation statistics, information on revenue sources, and information on domestic and international political and economic factors affecting government revenue receipts.


Trade, Bert Chapman 2014 Purdue University

Trade, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides a historical overview of analysis of U.S. foreign trade policy during the early decades of the country's history. Examines bilateral U.S. trade relations with France and Great Britain, provides import and export statistics, details on commodities and products imports and exported, trade statistics, and information on the political and economic factors shaping U.S. trade during this period.


The Hearing Examiners And The Administrative Procedure Act, 1937-1960, Joanna L. Grisinger 2014 Pepperdine University

The Hearing Examiners And The Administrative Procedure Act, 1937-1960, Joanna L. Grisinger

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman 2014 Touro College Jacob D. Fuchsberg Law Center

Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman

Touro Law Review

No abstract provided.


Resolving The Alj Quandary, Kent Barnett 2014 Pepperdine University

Resolving The Alj Quandary, Kent Barnett

Journal of the National Association of Administrative Law Judiciary

Three competing constitutional and practical concerns surround federal administrative law judges (“ALJs”), who preside over all formal adjudications within the executive branch. First, if ALJs are “inferior Officers” (not mere employees), as five current Supreme Court Justices have suggested, the current method of selecting many ALJs likely violates the Appointments Clause. Second, a recent U.S. Supreme Court decision reserved the question whether the statutory protections that prevent ALJs from being fired at will impermissibly impinge upon the President’s supervisory power under Article II. Third, these same protections from removal may, on the other hand, be too limited to ...


Federal Enforcement Of Police Reform, Stephen Rushin 2014 University of Illinois College of Law

Federal Enforcement Of Police Reform, Stephen Rushin

Stephen Rushin

Congress passed 42 U.S.C. § 14141 in an effort to combat police misconduct and incentivize proactive reform in local law enforcement agencies. The statute gives the U.S. Attorney General the power to initiate structural reform litigation against local police departments engaged in a pattern or practice of unconstitutional behavior. While academics initially praised the law’s passage, many have since worried that the Department of Justice (DOJ) has not effectively administered the measure. Little research has analyzed how the DOJ has used its authority to initiate structural police reform. Using a combination of qualitative and quantitative methods, I ...


Standing Outside Article Iii, Tara Leigh Grove 2014 College of William & Mary Law School

Standing Outside Article Iii, Tara Leigh Grove

Faculty Publications

The U.S. Supreme Court has insisted that standing doctrine is a “bedrock” requirement only of Article III. Accordingly, both jurists and scholars have assumed that the standing of the executive branch and the legislature, like that of other parties, depends solely on Article III. But I argue that these commentators have overlooked a basic constitutional principle: federal institutions must have affirmative authority for their actions, including the power to bring suit or appeal in federal court. Article III defines the federal “judicial Power” and does not purport to confer any authority on the executive branch or the legislature. Executive ...


Presidential Inaction And The Separation Of Powers, Jeffrey A. Love, Arpit K. Garg 2014 University of Michigan Law School

Presidential Inaction And The Separation Of Powers, Jeffrey A. Love, Arpit K. Garg

Michigan Law Review

Imagine two presidents. The first campaigned on an issue that requires him to expand the role of the federal government-—maybe it was civil rights legislation or stricter sentencing for federal criminals. In contrast, the second president pushes policies—-financial deregulation, perhaps, or drug decriminalization—-that mean less government involvement. Each is elected in a decisive fashion, and each claims a mandate to advance his agenda. The remaining question is what steps each must take to achieve his goals. The answer is clear, and it is surprising. To implement his preferred policies, the first president faces the full gauntlet of ...


Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson 2014 University of Tennessee, Knoxville

Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson

University of Tennessee Honors Thesis Projects

No abstract provided.


Strengthening The Us Saudi Relationship: Senator Howard Baker Jr. And The Awacs, Ediobong Aniekan Ebiefung 2014 University of Tennessee, Knoxville

Strengthening The Us Saudi Relationship: Senator Howard Baker Jr. And The Awacs, Ediobong Aniekan Ebiefung

University of Tennessee Honors Thesis Projects

No abstract provided.


Isaiah Berlin's Neglect Of Enlightenment Constitutionalism, Jeremy Waldron 2014 NELLCO

Isaiah Berlin's Neglect Of Enlightenment Constitutionalism, Jeremy Waldron

New York University Public Law and Legal Theory Working Papers

One of the most important achievements of the Enlightenment is what I shall call Enlightenment constitutionalism. It transformed our political thinking out of all recognition; it left, as its legacy, not just the repudiation of monarchy and nobility in France in the 1790s but the unprecedented achievement of the framing, ratification, and establishment of the Constitution of the United States. It comprised the work of Diderot, Kant, Locke, Madison, Montesquieu, Rousseau, Sieyes, and Voltaire. It established the idea of a constitution as an intricate mechanism designed to house the untidiness and pluralism of human politics.

Yet Isaiah Berlin, supposedly one ...


Accountability: Fundamental To Democracy, Jeremy Waldron 2014 NELLCO

Accountability: Fundamental To Democracy, Jeremy Waldron

New York University Public Law and Legal Theory Working Papers

This paper defends a new and aggressive version of the agency model of accountability. It argues that officials and representatives in a democracy have an obligation to make available to citizens full information about what they have been doing. It is not permissible for them to sit back and see if the citizens can find out for themselves what they have been doing, any more than such a posture would be admissible in a commercial agent such as a realtor or an accountant. The paper also does several other things: (1) it develops a contrast between agent-accountability and forensic-accountability; (2 ...


State Farm 'With Teeth': Heightened Judicial Review In The Absence Of Executive Oversight, Catherine M. Sharkey 2014 NELLCO

State Farm 'With Teeth': Heightened Judicial Review In The Absence Of Executive Oversight, Catherine M. Sharkey

New York University Public Law and Legal Theory Working Papers

While courts and commentators have considered the information-forcing role of executive oversight and/or judicial review of agency action, the dynamic relationship between the two has yet to be considered. This Article presents a novel justification for heightened judicial scrutiny in the absence of meaningful executive oversight. Agency cost-benefit analyses and agency conflict preemption determinations — two realms rarely if ever considered together — are compared in terms of their underlying reliance on factual predicates and contrasted in terms of the existing framework for executive oversight and judicial review of agency determinations.

A heightened judicial review standard — what I term “State Farm ...


Absolute Immunity: General Principles And Recent Developments, Erwin Chemerinsky 2014 Touro College Jacob D. Fuchsberg Law Center

Absolute Immunity: General Principles And Recent Developments, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Law Matters, Even To The Executive, Julian Davis Mortenson 2014 University of Michigan Law School

Law Matters, Even To The Executive, Julian Davis Mortenson

Michigan Law Review

In both constitutional and international law, many legal rules cannot be implemented without what most people would describe as the voluntary compliance of their target. Is that really “law”? Or is rule compliance in such circumstances just an expression of “interests”? Forget jurisprudence for the moment. As a practical matter, what does it mean to work as a lawyer in a field where the rules are not coercively enforced against private parties by an independent judiciary whose orders are implemented by a cooperative executive? This question has particularly high stakes for national security policy, where we find judicial deference at ...


The Transformative Twelfth Amendment, Joshua D. Hawley 2014 College of William & Mary Law School

The Transformative Twelfth Amendment, Joshua D. Hawley

William & Mary Law Review

Scholars have long treated the Twelfth Amendment as a constitutional obscurity, a merely mechanical adjustment to the electoral college—and perhaps a less than successful one at that. This consensus is mistaken. In fact, the Twelfth Amendment accomplished one of the most consequential changes to the structure of our constitutional government yet. It fundamentally altered the nature of the Executive and the Executive’s relationship to the other branches of government. The Amendment changed the Executive into something it had not been before: a political office. The presidency designed at Philadelphia was intended to be neither a policymaking nor a ...


Targeted Killing: United States Policy, Constitional Law, And Due Process, Mark Febrizio 2014 Liberty University

Targeted Killing: United States Policy, Constitional Law, And Due Process, Mark Febrizio

Senior Honors Theses

The increased incorporation of targeted killing, primarily through the use of unmanned aerial vehicles, into United States policy raises salient questions regarding its consistency with the U.S. Constitution. This paper contrasts interpretations of constitutional due process with the current legal framework for conducting targeted killing operations. The Fifth Amendment to the Constitution establishes the due process owed to U.S. citizens. This paper determines that the killing of Anwar al-Awlaki, an American citizen, was accomplished in a manner inconsistent with constitutional due process and demonstrates an over-extension of executive branch power. This paper examines one scholarly recommendation that seeks ...


Inside Epa: A Former Insider’S Reflections On The Relationship Between The Obama Epa And The Obama White House, Lisa Heinzerling 2014 Pace University

Inside Epa: A Former Insider’S Reflections On The Relationship Between The Obama Epa And The Obama White House, Lisa Heinzerling

Pace Environmental Law Review

This essay is an expanded version of remarks delivered on March 12, 2013, as the Lloyd K. Garrison Lecture on Environmental Law at Pace Law School.

This essay discusses the relationship between the Environmental Protection Agency and the White House. It focuses specifically on the role that the Office of Information and Regulatory Affairs, within the Office of Management and Budget, plays in reviewing the EPA’s regulatory output.


Congress's (Limited) Power To Represent Itself In Court, Tara Leigh Grove, Neal Devins 2014 College of William & Mary Law School

Congress's (Limited) Power To Represent Itself In Court, Tara Leigh Grove, Neal Devins

Faculty Publications

Scholars and jurists have long assumed that, when the executive branch declines to defend a federal statute, Congress may intervene in federal court to defend the law. When invalidating the Defense of Marriage Act, for example, no Supreme Court Justice challenged the authority of the House of Representatives to defend federal laws in at least some circumstances. At the same time, in recent litigation over the Fast and Furious gun-running case, the Department of Justice asserted that the House could not go to court to enforce a subpoena against the executive. In this Article, we seek to challenge both claims ...


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