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1,517 full-text articles. Page 5 of 43.

The Travel Ban And Presidential Power, Peter Margulies 2018 Roger Williams University School of Law

The Travel Ban And Presidential Power, Peter Margulies

Law Faculty Scholarship

No abstract provided.


"Un-Designating" Marine Sanctuaries?: Assessing President Trump's America-First Offshore Energy Strategy, Kevin O. Leske 2018 College of William & Mary Law School

"Un-Designating" Marine Sanctuaries?: Assessing President Trump's America-First Offshore Energy Strategy, Kevin O. Leske

William & Mary Environmental Law and Policy Review

No abstract provided.


The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer 2018 Brandman University

The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer

Dissertations

Purpose: The purpose of this descriptive, qualitative study was to identify and describe the importance of the predictors of juvenile recidivism and the effectiveness of efforts to prevent/avoid juvenile recidivism as perceived by previously detained, arrested, convicted, and/or incarcerated adult students 18 years of age and older exiting from alternative education in Northern California. A second purpose was to explore the types of support provided by alternative schools and the perceived importance of the support to avoid recidivism according to adult students 18 years of age and older exiting from alternative education.

Methodology: This qualitative, descriptive research design ...


Rwu First Amendment Blog: David Logan's Blog: Media Centralization Imperils Marketplace Of Ideas 04-05-2018, David A. Logan 2018 Roger Williams University School of Law

Rwu First Amendment Blog: David Logan's Blog: Media Centralization Imperils Marketplace Of Ideas 04-05-2018, David A. Logan

Law School Blogs

No abstract provided.


Law School News: 'Marketplace Of Ideas' Imperiled (04-05-2018), David A. Logan 2018 Roger Williams University School of Law

Law School News: 'Marketplace Of Ideas' Imperiled (04-05-2018), David A. Logan

Life of the Law School (1993- )

No abstract provided.


Contemporary Practice Of The United States Relating To International Law (112:2 Am J Int'l L), Jean Galbraith 2018 University of Pennsylvania Law School

Contemporary Practice Of The United States Relating To International Law (112:2 Am J Int'l L), Jean Galbraith

Faculty Scholarship at Penn Law

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

Once the PDF is open, individual articles are accessible either by scrolling down or by clicking on the bookmark symbol.


National Security Lawyering: The Best View Of The Law As A Regulative Ideal, Mary B. DeRosa 2018 Georgetown University Law Center

National Security Lawyering: The Best View Of The Law As A Regulative Ideal, Mary B. Derosa

Georgetown Law Faculty Publications and Other Works

In The National Security Lawyer in Crisis: When the “Best View” of the Law May Not Be the Best View, Robert Bauer describes the challenges for executive branch lawyers providing advice during a national security crisis. Bauer focuses on two especially perilous episodes in United States history—the Cuban Missile Crisis and the run-up to U.S. involvement in World War II—and analyzes the legal advice Presidents Kennedy and Roosevelt, respectively, received. In both cases, widely respected lawyers gave legal advice that supported the President’s preferred outcome, but almost certainly did not represent what the lawyers considered the ...


Twitter And The #So-Calledjudge, Elizabeth G. Thornburg 2018 Southern Methodist University, Dedman School of Law

Twitter And The #So-Calledjudge, Elizabeth G. Thornburg

SMU Law Review

Two-hundred-eighty characters may be insufficient to deliver a treatise on the judiciary, but it is more than enough to deliver criticism of the third branch of government. Today, these tweeted critiques sometimes come not from the general public but from the President himself. Attacks such as these come at a challenging time for court systems. We live in a highly politicized, polarized society. This polarization is reflected in attitudes toward the courts, particularly the federal courts. Unfortunately, public doubts about the court system come at a time when public understanding of the structure of government, and especially the court system ...


Clearing The Air: Does Choosing Agency Deference In Security Clearance Rulings Dilute Constitutional Challenges?, Frank Russo 2018 The Catholic University of America, Columbus School of Law

Clearing The Air: Does Choosing Agency Deference In Security Clearance Rulings Dilute Constitutional Challenges?, Frank Russo

Catholic University Law Review

The ability to obtain a security clearance has a wide-ranging impact from job placement to questions of fitness in a presidential election. Sustaining a functional career in intelligence, national security, and many other federal fields within the United States is nearly impossible without proper security clearance. In 2016, the importance of proper clearance evolved into a national debate as each presidential candidate staked claims that their opposition should be excluded from receiving sensitive material.

This Comment begins with a detailed history of modern security clearance procedures and MSPB reviews of clearance revocations. Part I focuses on those who need security ...


Providing A Solution For Immigrant Detainees Held Under The Mandatory Detention Statute, Kristine Toma 2018 Pepperdine University

Providing A Solution For Immigrant Detainees Held Under The Mandatory Detention Statute, Kristine Toma

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Addressing Bias In Administrative Environmental Decisions, Robert R. Kuehn 2018 Pepperdine University

Addressing Bias In Administrative Environmental Decisions, Robert R. Kuehn

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Rwu First Amendment Blog: David Logan's Blog: Weather Forecast For March 25: Stormy On 60 Minutes? 03-18-2018, David A. Logan 2018 Roger Williams University School of Law

Rwu First Amendment Blog: David Logan's Blog: Weather Forecast For March 25: Stormy On 60 Minutes? 03-18-2018, David A. Logan

Law School Blogs

No abstract provided.


National Association Of Manufacturers V. Department Of Defense, Summer L. Carmack 2018 Alexander Blewett III School of Law at the University of Montana

National Association Of Manufacturers V. Department Of Defense, Summer L. Carmack

Public Land & Resources Law Review

In an attempt to provide consistency to the interpretation and application of the statutory phrase “waters of the United States,” as used in the Clean Water Act, the EPA and Army Corps of Engineers together passed the WOTUS Rule. Unfortunately, the Rule has created more confusion than clarity, resulting in a number of lawsuits challenging substantive portions of the Rule’s language. National Association of Manufacturers v. Department of Defense did not address those substantive challenges, but instead determined whether those claims challenging the Rule must be filed in federal district courts or federal courts of appeals. In its decision ...


When Influence Encroaches: Statutory Advice In The Administrative State, William C. Hudson 2018 College of William & Mary Law School

When Influence Encroaches: Statutory Advice In The Administrative State, William C. Hudson

William & Mary Bill of Rights Journal

This Article revisits the D.C. Circuit’s 1993 decision in FEC v. NRA Political Victory Fund, and concludes that the separation of powers reasoning applied in NRA Political Victory Fund could invalidate other common practices in the administrative state, such as statutory requirements that Executive Branch officers serve on the boards of corporations created and staffed by Congress.


Where Have All The Soldiers Gone? Observations On The Decline Of Military Veterans In Government, Donald N. Zillman 2018 University of Maine School of Law

Where Have All The Soldiers Gone? Observations On The Decline Of Military Veterans In Government, Donald N. Zillman

Maine Law Review

This Essay examines the consequences of the growing decline in the number of military veterans in positions of leadership in the federal government, most particularly in the United States Congress. In its visible form, this issue has given rise to popular debate in the last three presidential elections. Did Dan Quayle pull strings to get a safe post in the Indiana National Guard to avoid Vietnam service? Did Bill Clinton improperly evade the draft during Vietnam? Were veterans George Bush or Bob Dole better qualified to be President because of their combat service in World War II? In its less ...


Qui Tam Litigation Against Government Officials: Constitutional Implications Of A Neglected History, Randy Beck 2018 University of Georgia School of Law

Qui Tam Litigation Against Government Officials: Constitutional Implications Of A Neglected History, Randy Beck

Notre Dame Law Review

The Supreme Court concluded twenty-five years ago, in Lujan v. Defenders of Wildlife, that uninjured private plaintiffs may not litigate “generalized grievances” about the legality of executive branch conduct. According to the Lujan Court, Congress lacked power to authorize suit by a plaintiff who could not establish some “particularized” injury from the challenged conduct. The Court believed litigation to require executive branch legal compliance, brought by an uninjured private party, is not a “case” or “controversy” within the Article III judicial power and impermissibly reassigns the President’s Article II responsibility to “take Care that the Laws be faithfully executed ...


The Partiality Norm: Systematic Deference In The Office Of Legal Counsel, Adoree Kim 2018 Cornell University, Ph.D. student in Government

The Partiality Norm: Systematic Deference In The Office Of Legal Counsel, Adoree Kim

Cornell Law Review

This study shows that the Office of Legal Counsel does not offer "detached, apolitical legal advice" in practice. Rather, the OLC is deeply and systematically deferential to the President. The implications are grave considering the OLC's de facto lawmaking power, a result of its position as legal adviser for the executive-- "the judgment of [the OLC] . . . becomes the law." Moreover, the OLC "is frequently asked to opine on issues of first impression that are unlikely to be resolved by the courts--a circumstance in which OLC's advice may effectively be the final word on the controlling law." Whether the ...


Executive Orders As Lawful Limits On Agency Policymaking Discretion, Adam J. White 2018 George Mason University Antonin Scalia Law School

Executive Orders As Lawful Limits On Agency Policymaking Discretion, Adam J. White

Notre Dame Law Review

After briefly retracing previous Presidents’ general uses of executive orders and debates over presidential power more generally, culminating with the late twentieth century executive orders on White House regulatory oversight, I review the case of Sherley v. Sebelius, in which the D.C. Circuit held that when an agency receives an executive order lawfully cabining or directing the its regulatory discretion, it is excused from its otherwise general duty to respond to rulemaking comments challenging its policy choice. Then, examining this general duty of agencies to respond to rulemaking comments, I consider whether the D.C. Circuit’s approach comports ...


Presidential Pronouncements Of Customary International Law As An Alternative To The Senate’S Advice And Consent, Eric Talbot Jensen 2018 Selected Works

Presidential Pronouncements Of Customary International Law As An Alternative To The Senate’S Advice And Consent, Eric Talbot Jensen

Eric Talbot Jensen

The Restatement (Fourth) of Foreign Relations Law of the United States has thus far focused on the status of treaties in United States law, and has not specifically considered the topic of customary international law. While the American Law Institute undoubtedly has good reasons for its approach, there is an emerging presidential practice that should catch the attention of the drafters and encourage them to make at least a small foray into customary international law’s impact on the domestic law of the United States. This practice consists of presidents proclaiming to the international community that certain provisions of treaties ...


Travel Ban Update: Fourth Circuit Affirms Injunction As Supreme Court Awaits Argument, Peter Margulies 2018 Roger Williams University School of Law

Travel Ban Update: Fourth Circuit Affirms Injunction As Supreme Court Awaits Argument, Peter Margulies

Law Faculty Scholarship

No abstract provided.


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