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Articles 1 - 10 of 10
Full-Text Articles in Law
Biden's Prosecutors, Melanie D. Wilson
Biden's Prosecutors, Melanie D. Wilson
Scholarly Articles
In President Biden’s inauguration speech, he offered us hope, while acknowledging America’s challenging history. He also promised progress––real progress––on racial justice. “A cry for racial justice some 400 years in the making moves us. The dream of justice for all will be deferred no longer[,]” he said.
Meaningful progress toward racial equality begins with a fairer criminal justice system. We must take an anti-racist, anti-xenophobic, anti-homophobic, and anti-classist approach to prosecutions. In turn, that type of progress demands sound leadership at the Department of Justice (DOJ) and from the ninety-three United States attorneys whom the President appoints. The lead prosecutors …
The Trump Administration Should Have Attorney Whistleblowers, Carliss N. Chatman
The Trump Administration Should Have Attorney Whistleblowers, Carliss N. Chatman
Scholarly Articles
In the Godfather trilogy, lawyers do most of their work outside of the courtroom. The family’s lawyer, Tom Hagen, has the title of consigliere, serving as the boss’s right-hand man. He is legal counsel and also assists with business management and planning. This includes operation of the family’s criminal enterprise. In The Godfather, a lawyer is a fixer, an enforcer, and a collaborator. This conceptualization of the attorney role is not only unethical, it is illegal. Yet, it is the role currently assumed by our Attorney General, William “Bill” Barr, and White House Counsel, Pasquale “Pat” Cipollone. Although both …
Preserving The Nationwide National Government Injunction To Stop Illegal Executive Branch Activity, Doug Rendleman
Preserving The Nationwide National Government Injunction To Stop Illegal Executive Branch Activity, Doug Rendleman
Scholarly Articles
The Trump Administration’s extravagant claims of executive power have focused the federal courts’ attention on separation of powers, judicial review, and equitable jurisdiction to grant broad injunctions that forbid the administration’s violations of the Constitution and federal statutes. Critics question the federal courts’ power to grant broad injunctions that are effective everywhere. These critics maintain, among other things, that the federal courts lack jurisdiction and that broad injunctions improperly affect nonparties and militate against “percolation” of issues in a variety of courts.
This Article examines the critics’ arguments and finds them unconvincing. Accepting the critics’ arguments would rebalance the separation …
Demystifying Nationwide Injunctions, Alan M. Trammell
Demystifying Nationwide Injunctions, Alan M. Trammell
Scholarly Articles
The phenomenon of nationwide injunctions—when a single district court judge completely prevents the government from enforcing a statute, regulation, or policy—has spawned a vigorous debate. A tentative consensus has emerged that an injunction should benefit only the actual plaintiffs to a lawsuit and should not apply to persons who were not parties. These critics root their arguments in various constitutional and structural constraints on federal courts, including due process, judicial hierarchy, and inherent limits on “judicial power.” Demystifying Nationwide Injunctions shows why these arguments fail.
This Article offers one of the few defenses of nationwide injunctions and is grounded in …
The "Irish Born" One American Citizenship Amendment, Kevin C. Walsh
The "Irish Born" One American Citizenship Amendment, Kevin C. Walsh
Scholarly Articles
Our Constitution has a deferred maintenance problem because we have fallen out of the habit of tending to its upkeep ourselves. The silver lining is a double benefit from any constitutional maintenance projects that we undertake now. These projects are good not only for what they do to our Constitution, but also for making us exercise self-government muscles that have atrophied from civic sloth.
Fortunately, the time has never been better to repeal one of our Constitution’s most pointlessly exclusionary provisions. The President of the United States is married to a naturalized citizen. And nobody can legitimately question the patriotism …
The Constitutional Nature Of The United States Tax Court, Brant J. Hellwig
The Constitutional Nature Of The United States Tax Court, Brant J. Hellwig
Scholarly Articles
Is the United States Tax Court part of the Executive Branch of government? One would expect that question would be capable of being definitively answered without considerable difficulty. And as recently expressed by the Court of Appeals for the District of Columbia Circuit, that indeed is the case. In the course of addressing a challenge to the President's ability to remove a judge of the Tax Court for cause on separation of powers grounds, the D.C. Circuit rejected the premise that the removal power implicates two branches of government: "the Tax Court exercises Executive authority as part of the Executive …
American Presidentialism In The Light Of Barack Obama’S Immigration Reform, Rett R. Ludwikowski, Anna Ludwikowski
American Presidentialism In The Light Of Barack Obama’S Immigration Reform, Rett R. Ludwikowski, Anna Ludwikowski
Scholarly Articles
The main purpose of this article is to bring the reader into an atmosphere of intensity created by the political disputes about the need of immigration reform in the United States. It is unquestionable that problems of the immigrants, who for decades were crossing illegally American borders, contribute to internal political turbulence in this country. This article proceeds on the assumption, that the immigration related problems created a social melting pot which became one of the most serious challenges for the American policymakers. The confrontation of the President with Congress was inevitable. On the one hand, Obama’s administration started to …
A Whole Text Reading Of The War Powers Clauses: Why The Constitution’S Text Obviates Esoteric War Powers Debates And Encourages Policy Flexibility And Democratic Accountability, Antonio F. Perez
Scholarly Articles
This paper is a lightly-footnoted and modestly expanded version of my presentation at the Georgetown Journal of Law & Public Policy Symposium’s panel on Executive War Powers, Syria, and President Obama’s “Red Line”—Did President Obama Have the Power to Use Force in Syria without Congressional Approval? While criticizing the President’s policy decision, this paper argues that the President would have been well within his authority to use force. Relying r on a whole text reading of the relevant constitutional provisions, it argues that the President’s authority to use force is virtually plenary, while Congress’s authority is limited to governing the …
May The President Appropriately Invoke God? Evaluating The Embryonic Stem Cell Vetoes, Samuel W. Calhoun
May The President Appropriately Invoke God? Evaluating The Embryonic Stem Cell Vetoes, Samuel W. Calhoun
Scholarly Articles
President George W. Bush twice vetoed measures to provide federal funds for embryonic stem cell research requiring the destruction of human embryos. Each veto was premised in part upon his religious beliefs. President Bush’s reliance upon his faith provoked a strong negative reaction. This essay argues that this criticism is baseless.
The essay demonstrates that important political leaders spanning three centuries— including Thomas Jefferson, Abraham Lincoln, and Martin Luther King Jr.—have invoked religious beliefs in explaining their positions. The principle of “separation of church and state,” properly understood, is not a persuasive basis for criticizing this religious heritage. President Bush, …
Whom Do You Trust?: Judicial Independence, The Power Of The Purse And The Line-Item Veto, Robert A. Destro
Whom Do You Trust?: Judicial Independence, The Power Of The Purse And The Line-Item Veto, Robert A. Destro
Scholarly Articles
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