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Articles 1 - 7 of 7
Full-Text Articles in Law
Contemporary Practice Of The United States Relating To International Law (113:2 Am J Int'l L), Jean Galbraith
Contemporary Practice Of The United States Relating To International Law (113:2 Am J Int'l L), Jean Galbraith
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This article is reproduced with permission from the April 2019 issue of the American Journal of International Law © 2019 American Society of International Law. All rights reserved.
Contemporary Practice Of The United States Relating To International Law (113:3 Am J Int'l L), Jean Galbraith
Contemporary Practice Of The United States Relating To International Law (113:3 Am J Int'l L), Jean Galbraith
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This article is reproduced with permission from the July 2019 issue of the American Journal of International Law © 2019 American Society of International Law. All rights reserved.
Contemporary Practice Of The United States Relating To International Law (113:4 Am J Int'l L), Jean Galbraith
Contemporary Practice Of The United States Relating To International Law (113:4 Am J Int'l L), Jean Galbraith
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This article is reproduced with permission from the October 2019 issue of the American Journal of International Law © 2019 American Society of International Law. All rights reserved.
James Wilson As The Architect Of The American Presidency, Christopher S. Yoo
James Wilson As The Architect Of The American Presidency, Christopher S. Yoo
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For decades, James Wilson has been something of a “forgotten founder.” The area where commentators generally recognize Wilson’s influence at the Convention is with respect to Article II, which establishes the executive and defines its powers. Most scholars characterize him as a resolute advocate of an independent, energetic, and unitary presidency, and a particularly successful one at that. In this regard, some scholars have generally characterized Wilson’s thinking as overly rigid. Yet a close examination of the Convention reveals Wilson to be more flexible than sometimes characterized. With respect to many aspects of the presidency, including the appointment power, the …
Contemporary Practice Of The United States Relating To International Law (113:1 Am J Int'l L), Jean Galbraith
Contemporary Practice Of The United States Relating To International Law (113:1 Am J Int'l L), Jean Galbraith
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This article is reproduced with permission from the January 2019 issue of the American Journal of International Law © 2019 American Society of International Law. All rights reserved.
Reconsidering Judicial Independence: Forty-Five Years In The Trenches And In The Tower, Stephen B. Burbank
Reconsidering Judicial Independence: Forty-Five Years In The Trenches And In The Tower, Stephen B. Burbank
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Trusting in the integrity of our institutions when they are not under stress, we focus attention on them both when they are under stress or when we need them to protect us against other institutions. In the case of the federal judiciary, the two conditions often coincide. In this essay, I use personal experience to provide practical context for some of the important lessons about judicial independence to be learned from the periods of stress for the federal judiciary I have observed as a lawyer and concerned citizen, and to provide theoretical context for lessons I have deemed significant as …
The Semi-Autonomous Administrative State, Cary Coglianese
The Semi-Autonomous Administrative State, Cary Coglianese
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Conflicting views about presidential control of the administrative state have too long been characterized in terms of a debate over agency independence. But the term “independent” when used to describe administrative agencies carries with it the baggage of an unhelpful and unrealistic dichotomy: administrative agencies that are (or should be) subservient to presidential control versus those that are (or should be) entirely free from such influence. No agency fits into either category. This essay proposes reorienting the debate over presidential control around agency “autonomy,” which better conveys that the key issue is a matter of degree. Contrary to some proponents …