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Full-Text Articles in Law

President Bush, President Obama, And Executive Orders, Catie Witt Oct 2017

President Bush, President Obama, And Executive Orders, Catie Witt

The Eastern Illinois University Political Science Review

This article examines the use of executive orders issued during the presidencies of George W. Bush and Barak Obama. Using case studies of the most significant executive order issued by each president, and by using quantitative data on the number of executive orders issued by each president during their first term in office, the author finds evidence that supports the “two presidencies” thesis. Moreover, the author finds evidence supporting the theory that Republican presidents are more likely to issue executive orders related to foreign policy, whereas Democratic presidents are more likely to issue executive orders related to domestic policy. Also, …


The Lawyers' War: Counterterrorism From Bush To Obama To Trump, Dawn E. Johnsen Nov 2016

The Lawyers' War: Counterterrorism From Bush To Obama To Trump, Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.


The Indefinite Deflection Of Congressional Standing, Nat Stern Feb 2016

The Indefinite Deflection Of Congressional Standing, Nat Stern

Pepperdine Law Review

Recent litigation brought or threatened against the administration of President Obama has brought to prominence the question of standing by Congress or its members to sue the President for nondefense or non-enforcement of federal law. While scholars divide over the normative propriety of such suits, the Court has never issued a definitive pronouncement on their viability. Nevertheless, the Court’s rulings when the issue has arisen have displayed a distinct pattern. While the Court has not formally repudiated suits of this nature, neither has it issued a decision that hinges on the presence of congressional standing. On the contrary, the Court …


The President's Faithful Execution Duty, Harold H. Bruff Jan 2016

The President's Faithful Execution Duty, Harold H. Bruff

Publications

No abstract provided.


Deferred Action: Considering What Is Lost, Elizabeth Keyes Oct 2015

Deferred Action: Considering What Is Lost, Elizabeth Keyes

All Faculty Scholarship

This response to Professor Motomura considers what is lost through the elaboration of formally defined boundaries around prosecutorial discretion. Professor Motomura and others in this Issue rightly extol the many benefits of the President's November 2014 executive actions. While I share the view that those benefits are considerable, I believe a full accounting requires us to consider what gets lost in this process, including identification of the immigrants in the limbo space between the actions' prospective beneficiaries at the one end and those who are priorities for removal on the other. This Essay focuses on the cost that comes from …


Filling The Federal Appellate Court Vacancies, Carl W. Tobias Jan 2015

Filling The Federal Appellate Court Vacancies, Carl W. Tobias

Law Faculty Publications

Multiple observers have criticized President Barack Obama’s discharge of his Article II constitutional responsibility to nominate and confirm federal judges. Senators have blamed the administration for slowly making nominations, liberals have contended that the executive appointed myriad candidates who are not sufficiently centrist, and conservatives have alleged that President Obama proffered many nominees who could become liberal judicial activists. Despite the sharp criticisms, the President has actually realized much success when nominating and confirming well qualified moderate jurists. President Obama has named more judges than Presidents George W. Bush and Bill Clinton had at this juncture in their tenure, while …


Game Of Bombs: President Barack Obama’S Nuclear Nonproliferation Regime, Jeffrey F. Addicott Jan 2014

Game Of Bombs: President Barack Obama’S Nuclear Nonproliferation Regime, Jeffrey F. Addicott

University of Baltimore Journal of International Law

One of President Barack Obama’s favorite solutions to reducing or halting armed conflict in the world centers around his often-stated desire to rid the world of nuclear weapons. While this simplistic formula for a more peaceful world has certainly been voiced by other occupants of the oval office, the world is, and always has been, an extremely dangerous place, and the machinations of competing spheres of power in a “Game of Thrones” will always exist in human history. Coupled with an aggressive Russia and China, the dangers associated with the new era of radical Islamic extremism rubricate the need to …


Grand Strategy In U.S. Foreign Policy: The Carter, Bush, And Obama Doctrines, Sara M. Birkenthal Jan 2013

Grand Strategy In U.S. Foreign Policy: The Carter, Bush, And Obama Doctrines, Sara M. Birkenthal

CMC Senior Theses

This paper seeks to determine under what conditions a U.S. president can implement a grand strategy given the nature of domestic and international opportunities and constraints. It will examine three comparative case studies: Jimmy Carter, George W. Bush, and Barack Obama, with the goal of determining what conditions are necessary at the individual, domestic, and systemic levels of analysis for grand strategy implementation. At the individual level, it will apply operational code analysis, as well as an examination of personal characteristics for each case study. At the domestic level, it will apply a five-prong test for examining factors that are …


The Impact Of The Obama Presidency On Civil Rights Enforcement In The United States, Joel Friedman Jan 2012

The Impact Of The Obama Presidency On Civil Rights Enforcement In The United States, Joel Friedman

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana


Obama's Woes, Kenneth Lasson Jun 2011

Obama's Woes, Kenneth Lasson

All Faculty Scholarship

This short op-ed piece discusses Barack Obama's presidency, particularly with regard to Jewish issues and with Israel and the Middle East. The writer offers his rationale why the President's support among Jewish voters is slipping.


Off To The (Horse) Races: Media Coverage Of The "Not-So-Invisible" Invisible Primary Of 2007, Lori Cox Han Jan 2011

Off To The (Horse) Races: Media Coverage Of The "Not-So-Invisible" Invisible Primary Of 2007, Lori Cox Han

Political Science Faculty Books and Book Chapters

"While it may seem obvious to even the casual observer of U.S. politics how important news media coverage is for a presidential candidate in the heat of the primary or general election battle, it is the media attention garnered during the pre-nomination phase of the campaign that can play a crucial role in deciding if the candidate even makes it to the first nominating contest. Often referred to as the "invisible primary;' the pre-primary period for the 2008 election occurred earlier and lasted longer than in any previous campaign in modern American history...This chapter will consider two aspects of news …


Foreward: President Barack Obama Law & Policy Symposium, Kevin D. Brown Jan 2009

Foreward: President Barack Obama Law & Policy Symposium, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.