Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Irrational War And Constitutional Design: A Reply To Professors Nzelibe And Yoo, Paul F. Diehl, Tom Ginsburg
Irrational War And Constitutional Design: A Reply To Professors Nzelibe And Yoo, Paul F. Diehl, Tom Ginsburg
Michigan Journal of International Law
This Reply proceeds as follows. Part I outlines the argument of the Nzelibe and Yoo paper. Part II considers their principal-agent analysis in the context of the American political system. Part III elaborates on the "democratic peace" literature, demonstrating that it does not support the conclusions that they draw. Part IV addresses the argument that we are in a new strategic situation, such that old rules ought not apply. Part V concludes.
Publish And Perish: Congress's Effort To Snip Snepp (Before And Afsa), Michael J. Glennon
Publish And Perish: Congress's Effort To Snip Snepp (Before And Afsa), Michael J. Glennon
Michigan Journal of International Law
Over three million present and former federal employees, of the Executive as well as the Congress, are parties to so-called "pre-publication review agreements," which require that they submit any writings on topics related to their employment for Executive review prior to publication. In Section 630 of the Omnibus Continuing Resolution for Fiscal Year 1988, Congress attempted to restrict the use of funds to implement or enforce certain of those agreements. On May 27, 1988, however, the United States District Court for the District of Columbia, in American Foreign Service Association v. Garfinkel ("AFSA "), struck that section down, …
Political Questions In International Trade: Judicial Review Of Section 301?, Erwin P. Eichmann, Gary N. Horlick
Political Questions In International Trade: Judicial Review Of Section 301?, Erwin P. Eichmann, Gary N. Horlick
Michigan Journal of International Law
Section 301 of the Trade Act of 1974 ("Section 301") has become an increasingly potent and widely-used tool in the U.S. arsenal of trade policy measures. The past few years have seen a proliferation of Section 301 cases, affecting the trade of goods and services in Europe, Asia, and Latin America. Even so, in the debate over the Omnibus Trade and Competitiveness Act of 1988 ("Omnibus Trade Act"), Congress expressed impatience with the President's discretion in not undertaking more Section 301 retaliations. But while much attention has focused on the politics and policy aspects of Section 301, little has been …