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The Carried Interest Standoff: Reaffirming Executive Agency Authority, Dean Galaro, Greg Crespi 2017 Akin Gump

The Carried Interest Standoff: Reaffirming Executive Agency Authority, Dean Galaro, Greg Crespi

SMU Law Review

This Article argues that, if reform is necessary, carried interest taxation should be amended by agency rulemaking and not by Congress. Much has already been said about carried interest, but this Article attempts to look through a new lens—legislative history. Carried interest presents a complicated question about the application of foundational partnership tax principles. It is an issue that has received popular attention only within the last decade. Since then, the face of reform has been efforts in Congress to pass an overly complex bill—Section 710. By looking back through the legislative history of carried interest, we begin ...


The Origins And Boundaries Of Executive Privilege, John M. Greabe 2017 University of New Hampshire School of Law

The Origins And Boundaries Of Executive Privilege, John M. Greabe

Legal 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."


Text Of Solicitor Opinions And A Presidential Letter Regarding National Monuments And The Antiquities Act Of 1906, Mark Squillace 2017 University of Colorado Law School

Text Of Solicitor Opinions And A Presidential Letter Regarding National Monuments And The Antiquities Act Of 1906, Mark Squillace

Research Data

These five full-text documents are cited in Mark Squillace, The Monumental Legacy of the Antiquities Act of 1906, 37 Ga. L. Rev. 473 (2003), available at http://scholar.law.colorado.edu/articles/508; and/or Mark Squillace, Eric Biber, Nicholas S. Bryner & Sean B. Hecht, Presidents Lack the Authority to Abolish or Diminish National Monuments, 103 Va. L. Rev. Online 55 (2017), http://www.virginialawreview.org/sites/virginialawreview.org/files/Hecht%20PDF.pdf:

  • U.S. Department of the Interior, Office of the Solicitor, Opinion of Apr. 20, 1915 (cited in Opinion of January 30, 1935, M-27657).
  • U.S. Department of ...


Absolute Immunity: General Principles And Recent Developments, Erwin Chemerinsky 2017 Selected Works

Absolute Immunity: General Principles And Recent Developments, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Making Treaty Implementation More Like Statutory Implementation, Jean Galbraith 2017 University of Pennsylvania Law School

Making Treaty Implementation More Like Statutory Implementation, Jean Galbraith

Michigan Law Review

Both statutes and treaties are the “supreme law of the land,” and yet quite different practices have developed with respect to their implementation. For statutes, all three branches have embraced the development of administrative law, which allows the executive branch to translate broad statutory directives into enforceable obligations. But for treaties, there is a far more cumbersome process. Unless a treaty provision contains language that courts interpret to be directly enforceable, they will deem it to require implementing legislation from Congress. This Article explores and challenges the perplexing disparity between the administration of statutes and treaties. It shows that the ...


Internal Administrative Law, Gillian E. Metzger, Kevin M. Stack 2017 Columbia Law School

Internal Administrative Law, Gillian E. Metzger, Kevin M. Stack

Michigan Law Review

For years, administrative law has been identified as the external review of agency action, primarily by courts. Following in the footsteps of pioneering administrative law scholars, a growing body of recent scholarship has begun to attend to the role of internal norms and structures in controlling agency action. This Article offers a conceptual and historical account of these internal forces as internal administrative law. Internal administrative law consists of the internal directives, guidance, and organizational forms through which agencies structure the discretion of their employees and presidents control the workings of the executive branch. It is the critical means for ...


The Trump Presidency And The Press, John M. Greabe 2017 University of New Hampshire School of Law

The Trump Presidency And The Press, John M. Greabe

Legal Scholarship

[Excerpt] "It is not difficult to understand why presidents frequently voice frustration with the press. Imagine being subjected to critical analysis 24/7 by reporters, bloggers and pundits who often lack complete and accurate information but face competitive pressure to publish quickly."


With Chelsea Manning's Release, Lead Trial Attorney Coombs Recalls Case: Rwu Law Professor David E. Coombs Revisits Issues In The Case, Looks Forward To Teaching Again Next Year 05-17-2017, Edward Fitzpatrick 2017 Roger Williams University

With Chelsea Manning's Release, Lead Trial Attorney Coombs Recalls Case: Rwu Law Professor David E. Coombs Revisits Issues In The Case, Looks Forward To Teaching Again Next Year 05-17-2017, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.


The State Of Coal In Wyoming, Sidney A. Smith 2017 University of Wyoming

The State Of Coal In Wyoming, Sidney A. Smith

Honors Theses AY 16/17

Coal has been part of Wyoming’s economy since the late 1800s and continues to have a major influence on the state. Since mining began, trends of rising and falling prices for coal have created economic instability. Currently, Wyoming’s coal industry is experiencing a downturn, leading to lay-offs and financial hardship for the state and municipalities. The Wyoming legislature has attempted to invigorate the industry through several pieces of legislation. Some of these include increasing the purview of the Wyoming Infrastructure Authority, funding the Integrated Technology Center in Gillette, and preventing new taxation on the industry. Governor Matt Mead ...


A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr 2017 Liberty University

A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr

Senior Honors Theses

Since the 9/11 attacks, American legislation and legal policy in regards to classifying and processing captured terrorists has fallen short of being fully effective and lawful. Trial and error by the Bush and Obama administrations has uncovered two key lessons: (1) captured terrorists are not typical prisoners of war and thus their detainment must involve more legal scrutiny than the latter; and (2) captured terrorists are not ordinary criminals and thus the civilian criminal court system, due to constitutional constraints, is not capable of adequately trying every count of terrorism. Other nations, including France and Israel, approach this problem ...


Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan 2017 Roger Williams University School of Law

Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan

Life of the Law School (1993- )

No abstract provided.


Rwu First Amendment Blog: David A. Logan's Blog: Donald Trump Vs. Roger Williams 05-08-2017, David A. Logan 2017 Roger Williams University School of Law

Rwu First Amendment Blog: David A. Logan's Blog: Donald Trump Vs. Roger Williams 05-08-2017, David A. Logan

Law School Blogs

No abstract provided.


Can President Trump 'Open Up' The Libel Laws?, John M. Greabe 2017 University of New Hampshire School of Law

Can President Trump 'Open Up' The Libel Laws?, John M. Greabe

Legal Scholarship

[Excerpt] "Libel and slander are branches of the law of defamation. Defamation law authorizes remedies for reputational harm caused by some false statements of fact. A libel is a defamatory statement that is printed or written; a slander is a defamatory statement that is spoken.

During the 2016 presidential campaign, candidate Donald Trump suggested that, if elected, he would "open up our libel laws" to facilitate lawsuits by public officials against news organizations."


Executive Agreements Relying On Implied Statutory Authority: A Response To Bodansky And Spiro, David A. Wirth 2017 Boston College Law School

Executive Agreements Relying On Implied Statutory Authority: A Response To Bodansky And Spiro, David A. Wirth

David A. Wirth

No abstract provided.


Executive Agreements Relying On Implied Statutory Authority: A Response To Bodansky And Spiro, David A. Wirth 2017 Boston College Law School

Executive Agreements Relying On Implied Statutory Authority: A Response To Bodansky And Spiro, David A. Wirth

Boston College Law School Faculty Papers

No abstract provided.


Trump, Federalism And The Punishment Of Sanctuary Cities, John M. Greabe 2017 University of New Hampshire School of Law

Trump, Federalism And The Punishment Of Sanctuary Cities, John M. Greabe

Legal Scholarship

[Excerpt] “Historically, liberals have tended to hold more expansive under­standings of the scope of federal power. Conservatives, on the other hand, have tended to embrace stronger theories of federalism -- the term we use to describe the reservation of government power to state and local governments under the Constitution.”


The Vice Presidency In Five (Sometimes) Easy Pieces, Vikram David Amar 2017 Pepperdine University

The Vice Presidency In Five (Sometimes) Easy Pieces, Vikram David Amar

Pepperdine Law Review

The public perception of the Vice President is that of an individual with little actual authority, but who has the potential to be thrust into the most powerful office in the world. But the modern Vice President has additional responsibilities that many often forget. Contrary to public perception, the Vice President’s role as President of the Senate carries important Constitutional responsibilities, such as the ability to weigh-in with tie-breaking votes in the Senate or preside over impeachment trials. Though overlooked, these are important and powerful responsibilities. Additionally, the Vice President has assumed the role of Presidential “running mate” and ...


Oh, Vpotus, Where Art Thou? The Constitutional Situs Of The Vice Presidency As Surveyed By A Former Vice Presidential Lawyer, Shannen W. Coffin 2017 Pepperdine University

Oh, Vpotus, Where Art Thou? The Constitutional Situs Of The Vice Presidency As Surveyed By A Former Vice Presidential Lawyer, Shannen W. Coffin

Pepperdine Law Review

A dispute between a federal oversight authority and the Office of the Vice President (OVP) prompted an unprecedented public discussion regarding the proper location and role of the vice presidency when Dick Cheney’s Chief of Staff challenged an audit of classified information on the grounds that the OVP was not an entity within the Executive Branch. The modern role of the Vice President is generally viewed as advisor and supporter of the President, with all executive authority vested in the President. Conversely, the Vice President presides as President of the Senate, casting tie-breaking votes when necessary. This dual role ...


The Vice Presidency In The Twenty-First Century, Jody C. Baumgartner 2017 Pepperdine University

The Vice Presidency In The Twenty-First Century, Jody C. Baumgartner

Pepperdine Law Review

The vice presidency has undergone almost revolutionary change since its inception 227 years ago. Conceived as a convenient solution to a problem created by the Electoral College, the Vice President has only two constitutional functions—to serve as a successor to the President and as the President of the Senate. However, over the past sixty years, vice presidents have become increasingly part of and integral to American governance, and the last three (Al Gore, Dick Cheney, and Joe Biden) have been exceptionally active executive actors. What was once an all-but forgotten office is now an essential part of a president ...


The Vice President-More Than An Afterthought?, Richard B. Cheney, Edwin Meese III, Douglas W. Kmiec 2017 Pepperdine University

The Vice President-More Than An Afterthought?, Richard B. Cheney, Edwin Meese Iii, Douglas W. Kmiec

Pepperdine Law Review

A round-table discussion among former U.S. Vice President Richard B. Cheney, Caruso Family Professor of Law and retired U.S. Ambassador Douglas Kmiec, and former U.S. Attorney General Edwin Meese III considered the practical implications of conceiving the Vice President as a legislative officer, an executive officer, or both. It was noted that until the second half of the twentieth century, the Office of the Vice President was conceived as legislative. Funding for the Office appeared in budget lines relating to Congress and physically, the Vice President’s office was in the Capitol. Beginning with Walter Mondale’s ...


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