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Full-Text Articles in Law

The Nsa Domestic Surveillance Program: An Analysis Of Congressional Oversight During An Era Of One-Party Rule, Tara M. Sugiyama, Marisa Perry Oct 2006

The Nsa Domestic Surveillance Program: An Analysis Of Congressional Oversight During An Era Of One-Party Rule, Tara M. Sugiyama, Marisa Perry

University of Michigan Journal of Law Reform

On December 16, 2005, the New York Times sounded a fire alarm when it revealed that, in response to the September 11, 2001 attacks, President George W Bush had issued a secret executive order permitting the National Security Agency (NSA) to conduct warrantless surveillance on individuals to unearth nascent terrorist activity. Congress responded to the disclosure of the NSA domestic surveillance program largely by shirking its oversight duties. This Note argues that when a single party controls both the executive and the legislative branches, the fire-alarm model fails to provide sufficient congressional oversight. Short of future elections altering the balance …


Legislation And Legitimation: Congress And Insider Trading In The 1980s, Thomas W. Joo Feb 2006

Legislation And Legitimation: Congress And Insider Trading In The 1980s, Thomas W. Joo

ExpressO

Legislation and Legitimation:

Congress and Insider Trading in the 1980s

Abstract

Orthodox corporate law-and-economics holds that American corporate and securities regulation has evolved inexorably toward economic efficiency. That position is difficult to square with the fact that regulation is the product of government actors and institutions. Indeed, the rational behavior assumptions of law-and-economics suggest that those actors and institutions would tend to place their own self-interest ahead of economic efficiency. This article provides anecdotal evidence of such self-interest at work. Based on an analysis of legislative history—primarily Congressional hearings—this article argues that Congress had little interest in the economic policy …


The Congressional Caucus For Women's Issues: An Inside Perspective On Lawmaking By And For Women, Julia L. Ernst Jan 2006

The Congressional Caucus For Women's Issues: An Inside Perspective On Lawmaking By And For Women, Julia L. Ernst

Michigan Journal of Gender & Law

This Article is written to inform constituencies who seek to advance the status of women through the federal legislative process- including lawmakers, Congressional staff, women's organizations, and interested individuals of the general public-about the inner workings of the Congressional Caucus for Women's Issues during the 108th Congress, particularly in the second session. Historians and academics studying women and the law may also find this Article useful. Commonly known as the Women's Caucus, this bipartisan group consists of women Representatives who work together to advance women's issues through raising awareness of and taking action on federal legislation and policy particularly affecting …


Viewpoint: Legislating Without Deliberation, Carl W. Tobias Jan 2006

Viewpoint: Legislating Without Deliberation, Carl W. Tobias

Law Faculty Publications

No abstract provided.


Reshaping Federal Jurisdiction: Congress's Latest Challenge To Judicial Review, Helen Norton Jan 2006

Reshaping Federal Jurisdiction: Congress's Latest Challenge To Judicial Review, Helen Norton

Publications

This Article examines growing congressional interest in a specific legislative check on judicial power: controlling the types of cases judges are empowered to decide by expanding and/or contracting federal subject matter jurisdiction. Congress has recently sought to shape judicial power through a range of proposals that variously enlarge and compress federal subject matter jurisdiction. In 2004, for example, the House of Representatives voted to strip federal courts of jurisdiction over constitutional challenges to the Defense of Marriage Act and the Pledge of the Allegiance. Just a few months later, the new 109th Congress undertook a groundbreaking expansion of federal subject …