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Full-Text Articles in Law

The Government Should Not Always Win: I.R.S. Practices That Verge On Unconstitutional Practices, Kayla Kendrick Odom Jan 2019

The Government Should Not Always Win: I.R.S. Practices That Verge On Unconstitutional Practices, Kayla Kendrick Odom

Barry Law Review

No abstract provided.


Manufactured Emergencies, Robert Tsai Jan 2019

Manufactured Emergencies, Robert Tsai

Articles in Law Reviews & Other Academic Journals

Emergencies are presumed to be unusual affairs, but the United States has been in one state of emergency or another for the last forty years. That is a problem. The erosion of democratic norms has led to not simply the collapse of the traditional conceptual boundary between ordinary rule and emergency governance, but also the emergence of an even graver problem: the manufactured crisis. In an age characterized by extreme partisanship, institutional gridlock, and technological manipulation of information, it has become exceedingly easy and far more tempting for a President to invoke extraordinary power by ginning up exigencies. To reduce …