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Articles 1 - 28 of 28
Full-Text Articles in Law
Incitement, Insurrection, Impeachment: Inside The Second Trump Impeachment, Roger Williams University School Of Law, Michael M. Bowden
Incitement, Insurrection, Impeachment: Inside The Second Trump Impeachment, Roger Williams University School Of Law, Michael M. Bowden
School of Law Conferences, Lectures & Events
No abstract provided.
The People's Court: On The Intellectual Origins Of American Judicial Power, Ian C. Bartrum
The People's Court: On The Intellectual Origins Of American Judicial Power, Ian C. Bartrum
Dickinson Law Review (2017-Present)
This article enters into the modern debate between “consti- tutional departmentalists”—who contend that the executive and legislative branches share constitutional interpretive authority with the courts—and what are sometimes called “judicial supremacists.” After exploring the relevant history of political ideas, I join the modern minority of voices in the latter camp.
This is an intellectual history of two evolving political ideas—popular sovereignty and the separation of powers—which merged in the making of American judicial power, and I argue we can only understand the structural function of judicial review by bringing these ideas together into an integrated whole. Or, put another way, …
Against Executive-Controlled Administrative Law Judges, Stephanie N. Higginson
Against Executive-Controlled Administrative Law Judges, Stephanie N. Higginson
Harvey M. Applebaum ’59 Award
No abstract provided.
Presidential Whim, Matthew J. Steilen
Presidential Whim, Matthew J. Steilen
Journal Articles
This article describes a new body of legal literature on the presidency. In contrast to older bodies of writing, which emphasize presidential independence, this body of writing emphasizes the dependence of the executive power, and a set of moral values associated with the office: faith, faithfulness, responsibility, honesty, due care, and professionalism, among others. The article considers prospects for enforcing this vision of the presidency in light of the particular problems posed by the Trump presidency. Many writers have complained of President Trump's leadership style, which is abrupt, reflexive, dissembling, and unilateral. I refer to this as the problem of …
The Constitutionality Of The Self-Pardon And Its Compatibility With Lockean Prerogative, Michael Kelley
The Constitutionality Of The Self-Pardon And Its Compatibility With Lockean Prerogative, Michael Kelley
NYLS Law Review
No abstract provided.
Restoring Stare Decisis In The Wake Of Janus V. Afscme, Council 31, James Tilghman
Restoring Stare Decisis In The Wake Of Janus V. Afscme, Council 31, James Tilghman
NYLS Law Review
No abstract provided.
Dorothy R. Crockett Classroom Dedication September 10, 2019, Roger Williams University School Of Law, Lorraine Lalli, Bre'anna Metts-Nixon, Michael M. Bowden
Dorothy R. Crockett Classroom Dedication September 10, 2019, Roger Williams University School Of Law, Lorraine Lalli, Bre'anna Metts-Nixon, Michael M. Bowden
School of Law Conferences, Lectures & Events
No abstract provided.
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law
RWU Law
No abstract provided.
Law School News: Celebrating The First Women Lawyers In Rhode Island April 12, 2019, Michael M. Bowden
Law School News: Celebrating The First Women Lawyers In Rhode Island April 12, 2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law Library Blog (March 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (March 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
John Quincy Adams Influence On Washington’S Farewell Address: A Critical Examination, Stephen Pierce
John Quincy Adams Influence On Washington’S Farewell Address: A Critical Examination, Stephen Pierce
Undergraduate Research
John Quincy Adams is seen by the American public today as a failed one-term president. When one starts to see his diplomatic work and his service in Congress, however, he becomes one of the most important figures in American history. The diplomatic historian Samuel Flagg Bemis was in 1944 the first historian to suggest that Adams’ early writings influenced Washington’s Farewell Address. He looked through some of Adams’ early published writings and concluded that it was, “Conspicuous among the admonitions of the Farewell Address are: (1) to exalt patriotically the national words, America, American, Americans; (2) to beware of foreign …
Women In Robes 10/04/2018, Roger Williams University School Of Law, Women's Law Society
Women In Robes 10/04/2018, Roger Williams University School Of Law, Women's Law Society
School of Law Conferences, Lectures & Events
No abstract provided.
Law Library Blog (November 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (November 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Law Library Blog (November 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (November 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
The President's Faithful Execution Duty, Harold H. Bruff
The President's Faithful Execution Duty, Harold H. Bruff
Publications
No abstract provided.
When Congress Is Away The President Shall Not Play: Justice Scalia's Concurrence In Nlrb V. Noel Canning, Krista M. Pikus
When Congress Is Away The President Shall Not Play: Justice Scalia's Concurrence In Nlrb V. Noel Canning, Krista M. Pikus
Michigan Law Review First Impressions
On June 26, 2014, the Supreme Court unanimously decided NLRB v. Noel Canning, holding that the Recess Appointments Clause authorizes the president “to fill any existing vacancy during any recess . . . of sufficient length.” Justice Scalia filed a concurring opinion, joined by Chief Justice Roberts, Justice Thomas, and Justice Alito. While Justice Scalia “concurred,” his opinion read more like a dissent. Both the majority and the concurring opinions relied heavily on historical evidence in arriving at their respective opinions. This was expected from Justice Scalia given his method of “new originalism,” which focuses on “the original public …
The President, The Congress, And The Panama Canal: An Essay On The Powers Of The Executive And Legislative Branches In The Field Of Foreign Affairs, Griffin B. Bell, H. Miles Foy
The President, The Congress, And The Panama Canal: An Essay On The Powers Of The Executive And Legislative Branches In The Field Of Foreign Affairs, Griffin B. Bell, H. Miles Foy
Georgia Journal of International & Comparative Law
No abstract provided.
President John Adams And Four Chief Justices: An Essay For James F. Simon, R.B. Bernstein
President John Adams And Four Chief Justices: An Essay For James F. Simon, R.B. Bernstein
NYLS Law Review
No abstract provided.
Chief Justices And Chief Executives: Some Thoughts On Jim Simon’S Books, Akhil Reed Amar
Chief Justices And Chief Executives: Some Thoughts On Jim Simon’S Books, Akhil Reed Amar
NYLS Law Review
No abstract provided.
Two Great Leaders, L.A. Powe Jr.
The Line-Item Veto: The Best Response When Congress Passes One Spending “Bill” A Year, L. Gordon Crovitz
The Line-Item Veto: The Best Response When Congress Passes One Spending “Bill” A Year, L. Gordon Crovitz
Pepperdine Law Review
No abstract provided.
Recognition: A Case Study On The Original Understanding Of Executive Power, Robert J. Reinstein
Recognition: A Case Study On The Original Understanding Of Executive Power, Robert J. Reinstein
University of Richmond Law Review
No abstract provided.
The Original Meaning Of The Constitution's “Executive Vesting Clause”—Evidence From Eighteenth Century Drafting Practice, Robert G. Natelson
The Original Meaning Of The Constitution's “Executive Vesting Clause”—Evidence From Eighteenth Century Drafting Practice, Robert G. Natelson
Robert G. Natelson
Advocates of presidential power from the days of George Washington at least to the time of George W. Bush have claimed that the Constitution’s so-called “Executive Vesting Clause,” the first sentence of Article II, not only designates the President as chief executive, but also confers broad authority. Some commentators support that view, while others maintain that the President’s powers are limited to those enumerated elsewhere in the Constitution. This study addresses the previously-overlooked question of which interpretation is more consistent with contemporaneous drafting customs. It concludes that treating the “Executive Vesting Clause” as a mere designation is consistent with those …
The Legacy Of The Bush Ii Administration In Natural Resources: A Work In Progress, David H. Getches
The Legacy Of The Bush Ii Administration In Natural Resources: A Work In Progress, David H. Getches
Publications
No abstract provided.
"High Crimes And Misdemeanors": Recovering The Intentions Of The Founders, Gary L. Mcdowell
"High Crimes And Misdemeanors": Recovering The Intentions Of The Founders, Gary L. Mcdowell
Law Faculty Publications
Such serious charges by so many distinguished historians demand a careful consideration of what the Founders meant by "high Crimes and Misdemeanors": Were they only indictable crimes or did they include what one of the Framers called "political crimes and misdemeanors?" Were they offenses that a President would commit only in "the exercise of executive power" or did they also include a President's malfeasance committed in his private capacity? Were they subject to a reasonably fixed meaning or were they to be determined simply by the exercise of the "awful discretion" of those in Congress called upon to impeach and …
A Framework For Evaluating The Antitrust Legacy Of The Reagan Administration, Robert H. Lande
A Framework For Evaluating The Antitrust Legacy Of The Reagan Administration, Robert H. Lande
All Faculty Scholarship
No abstract provided.
Thomas: Portrait For Posterity, Michigan Law Review
Thomas: Portrait For Posterity, Michigan Law Review
Michigan Law Review
A Review of PORTRAIT FOR POSTERITY. By Benjamin P. Thomas.
The Electoral College And Presidential Vacancies, James Morfit Mullen
The Electoral College And Presidential Vacancies, James Morfit Mullen
Maryland Law Review
No abstract provided.