Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Roger Williams University (8)
- New York Law School (5)
- University of Michigan Law School (3)
- Selected Works (2)
- University of Colorado Law School (2)
-
- University of Richmond (2)
- La Salle University (1)
- Penn State Dickinson Law (1)
- Pepperdine University (1)
- SelectedWorks (1)
- University at Buffalo School of Law (1)
- University of Baltimore Law (1)
- University of Georgia School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- Yale University (1)
- Publication Year
- Publication
-
- NYLS Law Review (5)
- Law Library Newsletters/Blog (3)
- School of Law Conferences, Lectures & Events (3)
- Publications (2)
- All Faculty Scholarship (1)
-
- Book Chapters (1)
- Dickinson Law Review (2017-Present) (1)
- Donald J. Kochan (1)
- Georgia Journal of International & Comparative Law (1)
- Harvey M. Applebaum ’59 Award (1)
- Journal Articles (1)
- Law Faculty Publications (1)
- Life of the Law School (1993- ) (1)
- Mary Brigid McManamon (1)
- Maryland Law Review (1)
- Michigan Law Review (1)
- Michigan Law Review First Impressions (1)
- Pepperdine Law Review (1)
- RWU Law (1)
- Robert G. Natelson (1)
- Undergraduate Research (1)
- University of Richmond Law Review (1)
- Publication Type
- File Type
Articles 1 - 30 of 31
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, …
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.
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.
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 …
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.
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.
Executive Power And National Security Power, Julian Davis Mortenson, Andrew Kent
Executive Power And National Security Power, Julian Davis Mortenson, Andrew Kent
Book Chapters
The constitutional text governing national security law is full of gaps, oversights, and omissions. In combination with the authorization principle -- which requires all federal actors to identify particularized authority for their actions -- these gaps have often presented an acute dilemma for Presidents charged with defending the nation. Focusing on three periods in American history, this chapter sketches the historical evolution of how the political branches have responded.
First, the early republic. During this period, presidents responded to the authorization dilemma by seeking highly particularized authorization from the two other constitutional branches of government. Throughout the era, presidents’ claims …
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.
The Natural Born Citizen Clause As Originally Understood, Mary Brigid Mcmanamon
The Natural Born Citizen Clause As Originally Understood, Mary Brigid Mcmanamon
Mary Brigid McManamon
Article II of the Constitution requires that the President be a “natural born Citizen.” The phrase is derived from English common law, and the Supreme Court requires examination of that law to ascertain the phrase’s definition. This piece presents the pertinent English sources, combined with statements by early American jurists. Based on a reading of these materials, the article concludes that, in the eyes of the Framers, a presidential candidate must be born within the United States. The article is important because there has been a candidate that “pushed the envelope” on this question in many elections over the last …
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.
The Unconstitutionality Of Class-Based Statutory Limitations On Presidential Nominations: Can A Man Head The Women's Bureau At The Department Of Labor?, Donald J. Kochan
The Unconstitutionality Of Class-Based Statutory Limitations On Presidential Nominations: Can A Man Head The Women's Bureau At The Department Of Labor?, Donald J. Kochan
Donald J. Kochan
Can a man be the Director of the Women’s Bureau at the Department of Labor? According to Congress, the answer is no. Congress has stated by statute that a woman must be the nominee to head the Women’s Bureau at the Department of Labor. The key questions are: (1) even if it makes sense on policy grounds, is it constitutional? and (2) if we accept such a statutory limitation power what are the potential precedential consequences for other appointment matters? This Article’s case study is particularly relevant today, examining just how far Congress can go to limit the discretion of …
"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.