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

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

Mark P Nevitt

Climate change is the world’s greatest environmental threat. It also 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 constitutional authorities to address the national security threat posed by climate change, the precise contours of their overlapping powers are not clear. As Commander in Chief, the President has the constitutional authority to repel sudden attacks and take care that the laws are ...


The Natural Born Citizens Clause As Originally Understood, Mary Brigid McManamon 2015 The Catholic University of America, Columbus School of Law

The Natural Born Citizens Clause As Originally Understood, Mary Brigid Mcmanamon

Catholic University Law Review

Article II of the Constitution requires that the President be a “natural born Citizen.” The phrase is derived from English common law, and the Supreme Court requires examination of that law to ascertain the phrase’s definition. This piece presents the pertinent English sources, combined with statements by early American jurists. Based on a reading of these materials, the article concludes that, in the eyes of the Framers, a presidential candidate must be born within the United States. The article is important because there has been a candidate who “pushed the envelope” on this question in many elections over the ...


Guaranteeing Republics To The Confederate States: A Guarantee Clause Justification For Lincoln’S Response To Civil War, Michael Morea 2015 Pepperdine University

Guaranteeing Republics To The Confederate States: A Guarantee Clause Justification For Lincoln’S Response To Civil War, Michael Morea

Pepperdine Law Review

There has been substantial debate over the constitutionality of Lincoln’s response to secession and his role as executive during the Civil War. While many historians and legal experts accept the theory that Lincoln, as president, was vested by Article II with power to act decisively in suppressing secession in an effort to preserve the Union, there is branch of libertarian thought that remains unconvinced that his tactics were constitutional. For example, three-time presidential candidate Ron Paul, in an interview with “Meet the Press,” stated that Lincoln should not have gone to war, arguing that Lincoln’s actions were motivated ...


Fair Trade: The President’S Power To Recover Captured U.S. Servicemembers And The Recent Prisoner Exchange With The Taliban, Celidon Pitt 2015 Fordham University School of Law

Fair Trade: The President’S Power To Recover Captured U.S. Servicemembers And The Recent Prisoner Exchange With The Taliban, Celidon Pitt

Fordham Law Review

The Obama Administration’s controversial exchange of five Taliban detainees for a captured U.S. soldier in May 2014 reignited a heated debate over the proper scope of wartime executive authority. From a legal perspective, the primary issue centers on the constitutional balance of power between congressional appropriations and the President’s power as Commander in Chief. A complete analysis incorporates both judicial and historical precedent to evaluate the conflict within the broader context of prisoner recovery efforts.

This Note argues that, regardless of the validity of legislative restrictions on the transfer of Guantánamo detainees, the President possessed sufficient authority ...


The Elephant In The Room, Troy B. Albert 2015 Lewis & Clark Law School

The Elephant In The Room, Troy B. Albert

Troy B Albert

Every 15 minutes, a poacher kills an elephant for its ivory. If this rate continues, the African elephant could become extinct in 20 years. Although federal law has strictly regulated the ivory market for several decades, the United States remains one of the largest markets for illegal wildlife products in the world. Because there are little to no enforcement mechanisms or verification processes by which to definitively distinguish legal from illegal ivory after reaching domestic markets, illegal ivory is easily mixed in with legal stocks. New regulations have been promulgated but are they enough?


Regan V. Wald, The Supreme Court Defers To Presidential Authority In Matters Of Foreign Policy By Upholding Travel Restrictions To Cuba, Thomas M. Mashburn 2015 University of Georgia School of Law

Regan V. Wald, The Supreme Court Defers To Presidential Authority In Matters Of Foreign Policy By Upholding Travel Restrictions To Cuba, Thomas M. Mashburn

Georgia Journal of International & Comparative Law

No abstract provided.


The Very Specialized United States Generalized System Of Preferences: An Examination Of Renewal Changes And Analysis Of Their Legal Effect, Gregory C. Dorris 2015 University of Georgia School of Law

The Very Specialized United States Generalized System Of Preferences: An Examination Of Renewal Changes And Analysis Of Their Legal Effect, Gregory C. Dorris

Georgia Journal of International & Comparative Law

No abstract provided.


Partisan Balance Requirements In The Age Of New Formalism, Ronald J. Krotoszynski 2015 University of Alabama School of Law

Partisan Balance Requirements In The Age Of New Formalism, Ronald J. Krotoszynski

Notre Dame Law Review

This Article considers the constitutional status of mandatory partisan balance requirements for presidential appointments to independent federal agencies. Since the 1880s, Congress routinely has included partisan balance requirements, along with fixed terms of office and “good cause” limitations on the President’s removal power, as standard design elements in its template for independent federal agencies. Until recently, both federal courts and most legal scholars have assumed the constitutionality of such restrictions on the President’s appointment power—and with good reason, given the ubiquity of partisan balance requirements and the executive branch’s historical acquiescence to them. However, the Supreme ...


Taking Cues From Congress: Judicial Review, Congressional Authorization, And The Expansion Of Presidential Power, David H. Moore 2015 Brigham Young University, J. Reuben Clark Law School

Taking Cues From Congress: Judicial Review, Congressional Authorization, And The Expansion Of Presidential Power, David H. Moore

Notre Dame Law Review

In evaluating whether presidential acts are constitutional, the Supreme Court often takes its cues from Congress. Under the Court’s two most prominent approaches for gauging presidential power—Justice Jackson’s tripartite framework and the historical gloss on executive power—congressional approval of presidential conduct produces a finding of constitutionality. Yet courts and commentators have failed to recognize that congressional authorization may result from a failure of checks and balances. Congress may transfer power to the President against institutional interest for a variety of reasons. This key insight calls into question the Court’s reflexive reliance on congressional authorization. Through ...


Waste And Duplication In Nasa Programs: The Need To Enhance U.S. Space Program Efficiency, Bert Chapman 2015 Purdue University

Waste And Duplication In Nasa Programs: The Need To Enhance U.S. Space Program Efficiency, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

The U.S. Government faces acute budgetary deficits and national debt problems in the Obama Administration. These problems have been brought about by decades of unsustainable government spending affecting all agencies including the National Aeronautics and Space Administration. (NASA). An outgrowth of this fiscal profligacy is the presence of wasteful and duplicative programs within NASA that prevent this agency from achieving its space science and human spaceflight objectives. These problems occur due to mismanagement of these programs from NASA and the creation of these programs by the U.S. Congress and congressional committees. This occurs because congressional appropriators tend to ...


The Definite Article: The D.C. Circuit's Redefinition Of Recess Appointments, Jeff VanDam 2015 Northwestern University School of Law

The Definite Article: The D.C. Circuit's Redefinition Of Recess Appointments, Jeff Vandam

Northwestern University Law Review

No abstract provided.


Inside Agency Interpretation, Christopher J. Walker 2015 Ohio State University - Main Campus

Inside Agency Interpretation, Christopher J. Walker

Christopher J. Walker

The Constitution vests all legislative powers in Congress, yet Congress grants expansive lawmaking authority to federal agencies. As positive political theorists have long explored, Congress intends for federal agencies to faithfully exercise their delegated authority, but ensuring fidelity to congressional wishes is difficult due to asymmetries in information, expertise, and preferences that complicate congressional control and oversight. Indeed, this principal-agent problem has a democratic and constitutional dimension, as the legitimacy of administrative governance may well depend on whether the unelected bureaucracy is a faithful agent of Congress. Despite the predominance of lawmaking by regulation and the decades-long application of principal-agent ...


King V. Burwell And The Rise Of The Administrative State, Ronald D. Rotunda 2015 Chapman University School of Law

King V. Burwell And The Rise Of The Administrative State, Ronald D. Rotunda

Ronald D. Rotunda

The Patient Protection and Affordable Care Act (ACA) is a complex law totaling nearly a thousand pages in length. The litigation now before the Supreme Court in King v. Burwell presents, on the surface, a simple issue of statutory interpretation. However, that surface has a very thin veneer. If the Court allows administrators carte blanche to change the very words of a statute, we will have come a long way towards governance by bureaucrats. Over the years, Congress has delegated many of its powers, but it has never delegated the power to raise taxes or spend tax subsidies in ways ...


Intelligence Legalism And The National Security Agency’S Civil Liberties Gap, Margo Schlanger 2015 University of Michigan Law School

Intelligence Legalism And The National Security Agency’S Civil Liberties Gap, Margo Schlanger

Articles

Since June 2013, we have seen unprecedented security breaches and disclosures relating to American electronic surveillance. The nearly daily drip, and occasional gush, of once-secret policy and operational information makes it possible to analyze and understand National Security Agency activities, including the organizations and processes inside and outside the NSA that are supposed to safeguard American’s civil liberties as the agency goes about its intelligence gathering business. Some have suggested that what we have learned is that the NSA is running wild, lawlessly flouting legal constraints on its behavior. This assessment is unfair. In fact, the picture that emerges ...


City Of Los Angeles V. Patel: The Upcoming Supreme Court Case No One Is Talking About, Adam Lamparello 2014 Indiana Tech Law School

City Of Los Angeles V. Patel: The Upcoming Supreme Court Case No One Is Talking About, Adam Lamparello

Adam Lamparello

Focusing solely on whether a hotel owner has a reasonable expectation of privacy in a guest registry is akin to asking whether Verizon Wireless has a reasonable expectation of privacy in its customer lists. The answer to those questions should be yes, but the sixty-four thousand dollar question—and the proverbial elephant in the room—is whether hotel occupants and cell phone users forfeit their privacy rights simply because they check into the Beverly Hills Hotel or call their significant others from a Smart Phone on the Santa Monica Freeway. Put differently, a hotel owner’s expectation of privacy in ...


The National Security Council And The Iran-Contra Affair, Ed Jenkins, Robert H. Brink 2014 United States House of Representatives

The National Security Council And The Iran-Contra Affair, Ed Jenkins, Robert H. Brink

Georgia Journal of International & Comparative Law

No abstract provided.


Is Military Justice Sentencing On The March? Should It Be? And If So, Where Should It Head? Court-Martial Sentencing Process, Practice, And Issues, James E. Baker 2014 Georgetown University Law Center

Is Military Justice Sentencing On The March? Should It Be? And If So, Where Should It Head? Court-Martial Sentencing Process, Practice, And Issues, James E. Baker

Georgetown Law Faculty Publications and Other Works

This article starts with a sketch of the military justice system to orient readers. Understanding that structure, the article then describes the sentencing process for special and general courts-martial. The article follows by identifying two core military sentencing questions: First, should commanders have authority to grant clemency? Second, should the military justice system adopt sentencing guidelines? With respect to each topic presented, the article does not attempt to answer the questions nor offer prescriptions. Rather, it seeks to identify the principal fault lines around which debate should, or will likely, fall. The article next presents ‘‘nutshell’’ introductions to additional sentencing ...


The National Environmental Policy Act Of 1969 And Its Implications For Nafta: Public Citizen V. United States Trade Representative, 822 F. Supp. 21 (D.D.C.), Rev'd 5 F.3d 549 (D.C. Cir. 1993)., Kristin R. Loecke 2014 University of Georgia School of Law

The National Environmental Policy Act Of 1969 And Its Implications For Nafta: Public Citizen V. United States Trade Representative, 822 F. Supp. 21 (D.D.C.), Rev'd 5 F.3d 549 (D.C. Cir. 1993)., Kristin R. Loecke

Georgia Journal of International & Comparative Law

No abstract provided.


Constitution Making In The Countries Of Former Soviet Dominance: Current Development, Rett R. Ludwikowski 2014 Columbus School of Law

Constitution Making In The Countries Of Former Soviet Dominance: Current Development, Rett R. Ludwikowski

Georgia Journal of International & Comparative Law

No abstract provided.


Foreword — Chevron At 30: Looking Back And Looking Forward, Peter M. Shane, Christopher J. Walker 2014 Michael E. Moritz College of Law, The Ohio State University

Foreword — Chevron At 30: Looking Back And Looking Forward, Peter M. Shane, Christopher J. Walker

Christopher J. Walker

This Foreword introduces a Fordham Law Review symposium held in March 2014 to mark the thirtieth anniversary of Chevron U.S.A. v. Natural Resources Defense Council. The most-cited administrative-law decision of all time, Chevron has sparked thirty years of scholarly discussion concerning what Chevron deference means, when (or even if) it should apply, and what impact it has had on the administrative state. Part I of the Foreword discusses the symposium contributions that address Chevron’s scope and application, especially in light of City of Arlington v. FCC. Part II introduces the contributions that explore empirically and theoretically Chevron ...


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