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Executive Power, Drone Executions, And The Due Process Rights Of American Citizens, Jonathan G. D'Errico 2018 Fordham University School of Law

Executive Power, Drone Executions, And The Due Process Rights Of American Citizens, Jonathan G. D'Errico

Fordham Law Review

Few conflicts have tested the mettle of procedural due process more than the War on Terror. Although fiery military responses have insulated the United States from another 9/11, the Obama administration’s 2011 drone execution of a U.S. citizen allegedly associated with al-Qaeda without formal charges or prosecution sparked public outrage. Judicial recognition that this nonbattlefield execution presented a plausible procedural due process claim ignited questions which continue to smolder today: What are the limits of executive war power? What constitutional privileges do American citizens truly retain in the War on Terror? What if the executive erred in ...


Executive Authority And The Take Care Clause, Colleen E. O'Connor 2018 Notre Dame Law School

Executive Authority And The Take Care Clause, Colleen E. O'Connor

Notre Dame Law Review

Part I of this Note will discuss the Department of Homeland Security’s authority to regulate immigration and focuses on DACA and DAPA. Part II will address the U.S. Department of Justice’s Office of Legal Counsel Opinion on DAPA’s legality. Part III will turn to the lack of judicial constraints on or legislative responses to the executive branch’s enforcement discretion. Part IV will propose that the executive branch should take a more active role in ensuring that the President remains faithful to the Take Care Clause when exercising prosecutorial discretion. Expounding upon the Office of Legal ...


The Past, Present, And Future Of Presidential Power, Saikrishna Bangalore Prakash 2018 University of St. Thomas, Minnesota

The Past, Present, And Future Of Presidential Power, Saikrishna Bangalore Prakash

University of St. Thomas Law Journal

No abstract provided.


The President And The Myth Of Judicial Supremacy, Michael Stokes Paulsen 2018 University of St. Thomas School of Law

The President And The Myth Of Judicial Supremacy, Michael Stokes Paulsen

University of St. Thomas Law Journal

No abstract provided.


Appearing Unbiased About Presidential War Powers, Jide Nzelibe 2018 University of St. Thomas, Minnesota

Appearing Unbiased About Presidential War Powers, Jide Nzelibe

University of St. Thomas Law Journal

No abstract provided.


Why I Can't Be Like Mike: At Least With Respect To His Overly Broad View Of Presidential Power To Act On Independent Constitutional Interpretation, Vikram David Amar 2018 University of St. Thomas, Minnesota

Why I Can't Be Like Mike: At Least With Respect To His Overly Broad View Of Presidential Power To Act On Independent Constitutional Interpretation, Vikram David Amar

University of St. Thomas Law Journal

No abstract provided.


Much Ado About Nothing?: Local Resistance And The Significance Of Sanctuary Laws, Alyssa Garcia 2018 Seattle University School of Law

Much Ado About Nothing?: Local Resistance And The Significance Of Sanctuary Laws, Alyssa Garcia

Seattle University Law Review

This Comment explores the current constitutional discourse of sanctuary laws and compares their various components. Part I provides background on the basic policy components of sanctuary laws and modern policies. Part II explores and compares the substantive legal and political value of sanctuary laws. This section will first assess the impact of sanctuary policies on existing immigration and constitutional law. In doing so, specific sanctuary jurisdictions involved in litigation, Seattle, San Francisco, and Chicago, and their likelihood of withstanding preemption under existing doctrine will be compared. The impact sanctuary laws may have on the Tenth Amendment will next be discussed ...


Rwu First Amendment Blog: Jenna Wims Hashway's Blog: First Amendment Lets Officials Mute But Not Block Twitter Critics 10/09/2018, Jenna Wims Hashway 2018 Roger Williams University School of Law

Rwu First Amendment Blog: Jenna Wims Hashway's Blog: First Amendment Lets Officials Mute But Not Block Twitter Critics 10/09/2018, Jenna Wims Hashway

Law School Blogs

No abstract provided.


The Trump Effect On Power Plant Carbon Dioxide Emissions, Thomas O. McGarity 2018 University of San Diego

The Trump Effect On Power Plant Carbon Dioxide Emissions, Thomas O. Mcgarity

San Diego Journal of Climate & Energy Law

This Article will probe the legal, technological and economic underpinnings the Trump Administration initiatives and the viewpoint that their initiatives will have little impact on CO2 emissions from power plants. Part II will highlight the Trump Administration’s views on the extent to which human activities are the leading contributing factor. Part III will describe the radical change in direction that that the Trump Administration is taking with respect to regulations designed to reduce GHG emissions from power plants. Part IV will offer predictions about the likely effect of the Trump Administration’s rollbacks on the electric power and coal ...


Contemporary Practice Of The United States Relating To International Law (112:4 Am J Int'l L), Jean Galbraith 2018 University of Pennsylvania Law School

Contemporary Practice Of The United States Relating To International Law (112:4 Am J Int'l L), Jean Galbraith

Faculty Scholarship at Penn Law

This article is reproduced with permission from the October 2018 issue of the American Journal of International Law © 2018 American Society of International Law. All rights reserved.


Bureaucratic Resistance And The National Security State, Rebecca Ingber 2018 Boston University School of Law

Bureaucratic Resistance And The National Security State, Rebecca Ingber

Faculty Scholarship

Modern accounts of the national security state tend toward one of two opposing views of bureaucratic tensions within it: At one extreme, the executive branch bureaucracy is a shadowy “deep state,” unaccountable to the public or even to the elected President. On this account, bureaucratic obstacles to the President’s agenda are inherently suspect, even dangerous. At the other end, bureaucratic resistance to the President represents a necessary benevolent constraint on an otherwise imperial executive. This account hails the bureaucracy as the modern incarnation of the separation of powers, an alternative to the traditional checks on the President of the ...


Section 6: Separation Of Powers, Institute of Bill of Rights Law at The College of William & Mary School of Law 2018 College of William & Mary Law School

Section 6: Separation Of Powers, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Testimony Before The United States Senate Committee On The Judiciary On The Nomination Of Brett Kavanaugh For Associate Justice Of The U.S. Supreme Court, Rebecca Ingber 2018 Boston University School of Law

Testimony Before The United States Senate Committee On The Judiciary On The Nomination Of Brett Kavanaugh For Associate Justice Of The U.S. Supreme Court, Rebecca Ingber

Faculty Scholarship

Professor Rebecca Ingber testified before the U.S. Senate Judiciary Committee as it considered the nomination of Brett Kavanaugh for Associate Justice of the U.S. Supreme Court. Her testimony focused on Judge Kavanaugh's national security and international law jurisprudence, in particular, the court's role in considering international law constraints on the President's war powers, and the potential effects of this judicial approach on executive power.


Testimony Of Rebecca Ingber Before The United States Senate Committee On The Judiciary On The Nomination Of Brett Kavanaugh For Associate Justice Of The U.S. Supreme Court, Rebecca Ingber 2018 Boston University School of Law

Testimony Of Rebecca Ingber Before The United States Senate Committee On The Judiciary On The Nomination Of Brett Kavanaugh For Associate Justice Of The U.S. Supreme Court, Rebecca Ingber

Faculty Scholarship

Professor Rebecca Ingber testified before the U.S. Senate Judiciary Committee as it considered the nomination of Brett Kavanaugh for Associate Justice of the U.S. Supreme Court. Her testimony focused on Judge Kavanaugh's national security and international law jurisprudence, in particular, the court's role in considering international law constraints on the President's war powers, and the potential effects of this judicial approach on executive power.


Sg’S Brief In Lucia Could Portend The End Of The Alj Program As We Have Known It, Jeffrey S. Lubbers 2018 Pepperdine University

Sg’S Brief In Lucia Could Portend The End Of The Alj Program As We Have Known It, Jeffrey S. Lubbers

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Lucia Et Al. V. Securities And Exchange Commission: Opinion Of The Court, Elena Kagan 2018 Pepperdine University

Lucia Et Al. V. Securities And Exchange Commission: Opinion Of The Court, Elena Kagan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Lucia Et Al. V. Securities And Exchange Commission: Brief Amicus Curiae Of Administrative Law Scholars In Support Of Neither Party, Richard J. Pierce Jr. 2018 Pepperdine University

Lucia Et Al. V. Securities And Exchange Commission: Brief Amicus Curiae Of Administrative Law Scholars In Support Of Neither Party, Richard J. Pierce Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Lucia Et Al. V. Securities And Exchange Commission: Brief Of Amicus Curiae The Forum Of United States Administrative Law Judges In Support Of Neither Party, Gerald Marvin Bober 2018 Pepperdine University

Lucia Et Al. V. Securities And Exchange Commission: Brief Of Amicus Curiae The Forum Of United States Administrative Law Judges In Support Of Neither Party, Gerald Marvin Bober

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Lucia Et Al. V. Securities And Exchange Commission: Brief Amicus Curiae Of Federal Administrative Law Judges Conference In Support Of Neither Party, John M. Vittone 2018 Pepperdine University

Lucia Et Al. V. Securities And Exchange Commission: Brief Amicus Curiae Of Federal Administrative Law Judges Conference In Support Of Neither Party, John M. Vittone

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Introduction To Lucia Et Al. V. Securities And Exchange Commission, Selina Malherbe 2018 Pepperdine University

Introduction To Lucia Et Al. V. Securities And Exchange Commission, Selina Malherbe

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


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