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Articles 1 - 22 of 22
Full-Text Articles in Law
A Typology Of Justice Department Lawyers' Roles And Responsibilities, Rebecca Roiphe
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
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
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
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
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
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
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
Sessions’ New Asylum Posture & Lgbtq Refugees, Arthur S. Leonard
Other Publications
No abstract provided.
Which Came First, The President Or The Lie?, David Schoenbrod
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
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
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
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
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
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
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
The ‘Rule Of Law’ And The Military Commission, Stephen Ellmann
Articles & Chapters
No abstract provided.
Clinton's Guantanamo, Brandt Goldstein
How Does Congress Define 'Perjury'?, Robert Blecker
How Does Congress Define 'Perjury'?, Robert Blecker
Other Publications
No abstract provided.
Administrative Rulemaking (Testimony), David Schoenbrod
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
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
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
Presidential Lawmaking Powers: Vetoes, Line Item Vetoes, Signing Statements, Executive Orders, And Delegations Of Rulemaking Authority, David Schoenbrod
Articles & Chapters
No abstract provided.