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Full-Text Articles in Law
Faithful Execution And Article Ii, Andrew Kent, Ethan J. Leib, Jed Handelsman Shugerman
Faithful Execution And Article Ii, Andrew Kent, Ethan J. Leib, Jed Handelsman Shugerman
Faculty Scholarship
Article II of the U.S. Constitution twice imposes a duty of faithful execution on the President, who must "take Care that the Laws be faithfully executed" and take an oath or affirmation to 'faithfully execute the Office of President." These Faithful Execution Clauses are cited often, but their background and original meaning have never been fully explored. Courts, the executive branch, and many scholars rely on one or both clauses as support for expansive views of presidential power, for example, to go beyond standing law to defend the nation in emergencies; to withhold documents from Congress or the courts; or …
Islam In The Mind Of American State Courts: 1960 To 2001, Marie Failinger
Islam In The Mind Of American State Courts: 1960 To 2001, Marie Failinger
Faculty Scholarship
This project reviews how American state courts portrayed Islam and Muslims from 1960 until September 11, 2001. The purpose of this project is not to construct some overarching theoretical framework to explain American social and legal views of Islam and Muslims, though I will necessarily interpret what the cases say to some extent. Given the lengthy time period involved, the number of cases in which Muslims or Islam are referenced, and the fact that these cases come from many states, it seemed prudent to defer to others who have constructed critiques of the way American law as a whole has …
Revisionist History? Responding To Gun Violence Under Historical Limitations, Michael Ulrich
Revisionist History? Responding To Gun Violence Under Historical Limitations, Michael Ulrich
Faculty Scholarship
In the D.C. Circuit case Heller v. District of Columbia (Heller II), Judge Kavanaugh wrote that “Heller and McDonald leave little doubt that courts are to assess gun bans and regulations based on text, history, and tradition, not by a balancing test such as strict or intermediate scrutiny.” Now Justice Kavanaugh, will he find support on the highest court for what was then a dissenting view? Chief Justice Roberts, during oral arguments for Heller I, asked “Isn’t it enough to…look at the various regulations that were available at the time…and determine how these—how this restriction and the scope of this …