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The Government's Manufacture Of Doubt, Helen Norton 2018 University of Colorado Law School

The Government's Manufacture Of Doubt, Helen Norton

Articles

“The manufacture of doubt” refers to a speaker’s strategic efforts to undermine factual assertions that threaten its self-interest. This strategy was perhaps most famously employed by the tobacco industry in its longstanding campaign to contest mounting medical evidence linking cigarettes to a wide range of health risks. At its best, the government’s speech can counter such efforts and protect the public interest, as exemplified by the Surgeon General’s groundbreaking 1964 report on the dangers of tobacco, a report that challenged the industry’s preferred narrative. But the government’s speech is not always so heroic, and governments ...


Government Lies And The Press Clause, Helen Norton 2018 University of Colorado Law School

Government Lies And The Press Clause, Helen Norton

Articles

This essay considers a particular universe of potentially dangerous governmental falsehoods: the government's lies and misrepresentations about and to the press.

Government's efforts to regulate private speakers' lies clearly implicate the First Amendment, as many (but not all) of our own lies are protected by the Free Speech Clause. But because the government does not have First Amendment rights of its own when it speaks, the constitutional limits, if any, on the government's own lies are considerably less clear.

In earlier work I have explored in some detail the Free Speech and Due Process Clauses as possible ...


Sessions’ New Asylum Posture & Lgbtq Refugees, Arthur S. Leonard 2018 New York Law School

Sessions’ New Asylum Posture & Lgbtq Refugees, Arthur S. Leonard

Other Publications

No abstract provided.


The Commenting Power: Agency Accountability Through Public Participation, Donald J. Kochan 2018 University of Oklahoma College of Law

The Commenting Power: Agency Accountability Through Public Participation, Donald J. Kochan

Oklahoma Law Review

No abstract provided.


Promoting Executive Accountability Through Qui Tam Legislation, Randy Beck 2018 University of Georgia School of Law

Promoting Executive Accountability Through Qui Tam Legislation, Randy Beck

Scholarly Works

For hundreds of years prior to ratification of the U.S. Constitution, Anglo-American legislatures used qui tam legislation to enforce legal constraints on government officials. A qui tam statute allows a private informer to collect a statutory fine for illegal conduct, even if the informer lacks the particularized injury normally required for Article III standing. This essay explores whether qui tam regulation should be revived as a means of ensuring executive branch legal accountability."


Is The President A Traitor? A Legal Analysis, Noah Kupferberg 2018 Brooklyn Law School

Is The President A Traitor? A Legal Analysis, Noah Kupferberg

Faculty Scholarship

No abstract provided.


Talking Trump And The Twenty-Fifth Amendment: Correcting The Record On Section 4, Joel K. Goldstein 2018 Saint Louis University School of Law

Talking Trump And The Twenty-Fifth Amendment: Correcting The Record On Section 4, Joel K. Goldstein

All Faculty Scholarship

The first year of the presidency of Donald J. Trump brought attention to Section 4 of the Twenty-fifth Amendment, the constitutional provision that allows the Vice President and a Cabinet majority to transfer presidential powers and duties from a President who is “unable to discharge the powers and duties” of his office. Although the ensuing media discussion included many thoughtful contributions, it also produced many mistaken assertions by scholars, journalists and other commentators regarding the importance, scope, operation, and effect of Section 4. These mistakes are troubling because they may produce enduring misunderstanding regarding a provision designed to handle some ...


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

Scholarly Works

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 President Is The Chief Executive, But Does Not Control The Mueller Probe, Bruce Green, Rebecca Roiphe 2018 New York Law School

The President Is The Chief Executive, But Does Not Control The Mueller Probe, Bruce Green, Rebecca Roiphe

Other Publications

No abstract provided.


Contemporary Practice Of The United States Relating To International Law (112:1 Am J Int'l L), Jean Galbraith 2018 University of Pennsylvania Law School

Contemporary Practice Of The United States Relating To International Law (112:1 Am J Int'l L), Jean Galbraith

Faculty Scholarship at Penn Law

This article is reproduced with permission from the January 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.


Can The President Control The Department Of Justice?, Bruce Green 2018 Fordham University School of Law

Can The President Control The Department Of Justice?, Bruce Green

Faculty Scholarship

No abstract provided.


Can The President Control The Department Of Justice?, Bruce Green, Rebecca Roiphe 2018 New York Law School

Can The President Control The Department Of Justice?, Bruce Green, Rebecca Roiphe

Articles & Chapters

As the investigation into President Trump's campaign ties to Russia grows increasingly intense, it is critical to understand how much control the President has over the Attorney General and the Department of Justice. Some critics claim that the President has absolute power to direct federal prosecutors and control their decisions. The President and his lawyers, joined by several scholars, take this claim one step further by arguing that the chief executive could not be guilty of obstruction of justice because his control over all prosecutorial decisions is absolute. This issue last arose during the Nixon Administration. The Department of ...


The Perpetual "Invasion": Past As Prologue In Constitutional Immigration Law, Matthew J. Lindsay 2018 University of Baltimore School of Law

The Perpetual "Invasion": Past As Prologue In Constitutional Immigration Law, Matthew J. Lindsay

Roger Williams University Law Review

No abstract provided.


Immigration Enforcement And The Future Of Discretion, Shoba S. Wadhia 2018 Center for Immigrants' Rights Clinic, Penn State Law

Immigration Enforcement And The Future Of Discretion, Shoba S. Wadhia

Roger Williams University Law Review

No abstract provided.


Trump As Constitutional Failure, Jamal Greene 2018 Columbia Law School

Trump As Constitutional Failure, Jamal Greene

Indiana Law Journal

As Part I explains, the American constitutional system assumes a certain sort of democratic culture. That assumption is encapsulated in Chief Justice John Marshall’s dictum, in M’Culloch v. Maryland, that the Constitution is “intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs.” The U.S. Constitution indeed lacks “the prolixity of a legal code,” but subsequent history confirms that its relative sparseness is not, as Marshall maintained, because it is “a constitution we are expounding.” The U.S. Constitution is among the world’s least prolix and most ...


Trump, The Court, And Constitutional Law, Erwin Chemerinsky 2018 Berkeley Law

Trump, The Court, And Constitutional Law, Erwin Chemerinsky

Indiana Law Journal

In this Essay, I want to offer initial thoughts on what the Trump presidency is likely to mean for constitutional law. First, I want to focus on the lost opportunity: what might have happened had Hillary Clinton replaced Scalia and filled other vacancies on the Court. Second, I want to focus on the reality of what we are likely to see as a result of Neil Gorsuch replacing Antonin Scalia and of other possible vacancies being filled by President Trump. Finally, I want to discuss how progressives should react to this and to the foreseeable future of constitutional law. These ...


The Foreign Emoluments Clause, Erik M. Jensen 2018 Case Western University School of Law

The Foreign Emoluments Clause, Erik M. Jensen

Faculty Publications

Because of the foreign business dealings of President Donald Trump and his family, interpreting the Foreign Emoluments Clause has become a nearly fulltime job for political pundits, with stories about the clause appearing in every conceivable media outlet. The clause provides that “no Person holding any Office of Profit or Trust under [the United States] shall, without the Consent of Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.” If the president is benefitting economically from business dealings with foreign governments (or organizations that might be treated as agencies ...


Political Norms, Constitutional Conventions, And President Donald Trump, Neil S. Siegel 2018 Duke Law School

Political Norms, Constitutional Conventions, And President Donald Trump, Neil S. Siegel

Indiana Law Journal

I will argue that what is most troubling about the conduct of President Trump during and since the 2016 U.S. presidential campaign is not any potential violations of the U.S. Constitution or federal law. There likely have been some such violations, and there may be more. But what is most troubling about President Trump is his disregard of political norms that had previously constrained presidential candidates and Presidents, and his flouting of nonlegal but obligatory “constitutional conventions” that had previously guided and disciplined occupants of the White House. These norms and conventions, although not “in” the Constitution, play ...


Isolation Of Mitochondrial Dna From Single, Short Hairs Without Roots Using Pressure Cycling Technology, Kathryn A. Harper, Kelly A. Meiklejohn, Richard T. Merritt, Jessica Walker, Constance L. Fisher, James M. Robertson 2018 FBI

Isolation Of Mitochondrial Dna From Single, Short Hairs Without Roots Using Pressure Cycling Technology, Kathryn A. Harper, Kelly A. Meiklejohn, Richard T. Merritt, Jessica Walker, Constance L. Fisher, James M. Robertson

U.S. Department of Justice Publications and Materials

Hairs are commonly submitted as evidence to forensic laboratories, but standard nuclear DNA analysis is not always possible. Mitochondria (mt) provide another source of genetic material; however, manual isolation is laborious. In a proof-of-concept study, we assessed pressure cycling technology (PCT; an automated approach that subjects samples to varying cycles of high and low pressure) for extracting mtDNA from single, short hairs without roots. Using three microscopically similar donors, we determined the ideal PCT conditions and compared those yields to those obtained using the traditional manual micro-tissue grinder method. Higher yields were recovered from grinder extracts, but yields from PCT ...


A Review And Conceptual Model Of Factors Correlated With Postmortem Root Band Formation, Joseph Donfack, Hilda S. Castillo 2018 Oak Ridge Institute for Science and Education

A Review And Conceptual Model Of Factors Correlated With Postmortem Root Band Formation, Joseph Donfack, Hilda S. Castillo

U.S. Department of Justice Publications and Materials

It is generally accepted within the forensic trace evidence community that a postmortem root band (PMRB) can appear in the root of hairs attached to remains during decomposition. Presently, the specific sequences of events and/or exact molecular signals that lead to the formation of a PMRB are not well understood. The published literature addressing the abiotic and biotic factors that correlate with the formation of PMRBs is reviewed and a conceptual model for the formation of PMRBs is proposed.


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