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Full-Text Articles in Law

A Typology Of Justice Department Lawyers' Roles And Responsibilities, Rebecca Roiphe Jun 2020

A Typology Of Justice Department Lawyers' Roles And Responsibilities, Rebecca Roiphe

Articles & Chapters

President Trump’s administration has persistently challenged the legitimacy of the Department of Justice (“DOJ”). In the past, DOJ, like other governmental institutions, has been fairly resilient. Informal norms and practices have served to preserve its proper functioning, even under pressure. The strain of the past three years, however, has been different in kind and scale. This Article offers a typology of different roles for DOJ lawyers and argues that over time the institution has evolved by allocating different functions and responsibilities to different positions within DOJ. By doing so, it has for the most part maintained the proper balance between …


The Justice Department Is Now As Corrupt As The President, Rebecca Roiphe May 2020

The Justice Department Is Now As Corrupt As The President, Rebecca Roiphe

Other Publications

This post originally appeared on https://www.thedailybeast.com/to-undo-robert-mueller-trump-talks-and-michael-flynn-walks-as-the-justice-department-rolls-over?ref=scroll


Consent Of The Governed: A Constitutional Norm That The Court Should Substantially Enforce, David Schoenbrod Jan 2020

Consent Of The Governed: A Constitutional Norm That The Court Should Substantially Enforce, David Schoenbrod

Articles & Chapters

Available at https://www.harvard-jlpp.com/


Can The Rule Of Law Survive Trump?, Rebecca Roiphe Jun 2018

Can The Rule Of Law Survive Trump?, Rebecca Roiphe

Other Publications

This post originally appeared on https://www.nybooks.com/daily/2018/06/01/can-the-rule-of-law-survive-trump/


Can The President Control The Department Of Justice?, Bruce Green, Rebecca Roiphe Jan 2018

Can The President Control The Department Of Justice?, Bruce Green, Rebecca Roiphe

Articles & Chapters

As the investigation into President Trump's campaign ties to Russia grows increasingly intense, it is critical to understand how much control the President has over the Attorney General and the Department of Justice. Some critics claim that the President has absolute power to direct federal prosecutors and control their decisions. The President and his lawyers, joined by several scholars, take this claim one step further by arguing that the chief executive could not be guilty of obstruction of justice because his control over all prosecutorial decisions is absolute. This issue last arose during the Nixon Administration. The Department of Justice …


May Federal Prosecutors Take Direction From The President?, Bruce Green, Rebecca Roiphe Jan 2018

May Federal Prosecutors Take Direction From The President?, Bruce Green, Rebecca Roiphe

Articles & Chapters

Suppose the president sought to serve as prosecutor-in-chief telling prosecutors when to initiate or dismiss criminal charges in individual cases and making other discretionary decisions that are normally reserved to trained professionals familiar with the facts, law, and traditions of the U.S. Department of Justice. To what extent may prosecutors follow the president's direction? In recent presidential administrations, the president has respected prosecutorial independence; while making policy decisions, the president deferred to the Attorney General and subordinate federal prosecutors to conduct individual criminal cases. In a recent article, we argued that this is as it should be because the president …


The President Is The Chief Executive, But Does Not Control The Mueller Probe, Bruce Green, Rebecca Roiphe Jan 2018

The President Is The Chief Executive, But Does Not Control The Mueller Probe, Bruce Green, Rebecca Roiphe

Other Publications

No abstract provided.


Sessions’ New Asylum Posture & Lgbtq Refugees, Arthur S. Leonard Jan 2018

Sessions’ New Asylum Posture & Lgbtq Refugees, Arthur S. Leonard

Other Publications

No abstract provided.


Which Came First, The President Or The Lie?, David Schoenbrod Jan 2018

Which Came First, The President Or The Lie?, David Schoenbrod

Other Publications

No abstract provided.


Congress To Judges: We’Re The Boss Of You Now, Joanne Doroshow Jan 2017

Congress To Judges: We’Re The Boss Of You Now, Joanne Doroshow

Other Publications

No abstract provided.


A History Of Prosecutorial Independence In America, Rebecca Roiphe Jan 2017

A History Of Prosecutorial Independence In America, Rebecca Roiphe

Other Publications

No abstract provided.


Despite Trump, Federal ‘Tort Reform’ Makes A Hasty Retreat, Joanne Doroshow Jan 2017

Despite Trump, Federal ‘Tort Reform’ Makes A Hasty Retreat, Joanne Doroshow

Other Publications

No abstract provided.


Pentagon’S Discretion In Trump Trans Military Directive, Arthur S. Leonard Jan 2017

Pentagon’S Discretion In Trump Trans Military Directive, Arthur S. Leonard

Other Publications

No abstract provided.


Blocking The Courts: The Trump Triple Threat, Joanne Doroshow Jan 2017

Blocking The Courts: The Trump Triple Threat, Joanne Doroshow

Other Publications

No abstract provided.


Reducing Secrecy: Balancing Legitimate Government Interests With Public Accountability, Nadine Strossen Jan 2015

Reducing Secrecy: Balancing Legitimate Government Interests With Public Accountability, Nadine Strossen

Articles & Chapters

No abstract provided.


The ‘Rule Of Law’ And The Military Commission, Stephen Ellmann Jan 2006

The ‘Rule Of Law’ And The Military Commission, Stephen Ellmann

Articles & Chapters

No abstract provided.


Clinton's Guantanamo, Brandt Goldstein Jan 2005

Clinton's Guantanamo, Brandt Goldstein

Other Publications

No abstract provided.


How Does Congress Define 'Perjury'?, Robert Blecker Jan 1998

How Does Congress Define 'Perjury'?, Robert Blecker

Other Publications

No abstract provided.


Administrative Rulemaking (Testimony), David Schoenbrod Sep 1996

Administrative Rulemaking (Testimony), David Schoenbrod

Other Publications

This post originally appeared on https://www.cato.org/publications/congressional-testimony/administrative-rulemaking


Constitutional Law And International Law In The United States Of America, Lung-Chu Chen Jan 1994

Constitutional Law And International Law In The United States Of America, Lung-Chu Chen

Articles & Chapters

No abstract provided.


Advice And Consent In Theory And Practice, Roger J. Miner '56 Jan 1992

Advice And Consent In Theory And Practice, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.


Presidential Lawmaking Powers: Vetoes, Line Item Vetoes, Signing Statements, Executive Orders, And Delegations Of Rulemaking Authority, David Schoenbrod Jan 1990

Presidential Lawmaking Powers: Vetoes, Line Item Vetoes, Signing Statements, Executive Orders, And Delegations Of Rulemaking Authority, David Schoenbrod

Articles & Chapters

No abstract provided.