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Articles 1 - 30 of 33
Full-Text Articles in Law
Acting Cabinet Secretaries And The Twenty-Fifth Amendment, James A. Heilpern
Acting Cabinet Secretaries And The Twenty-Fifth Amendment, James A. Heilpern
University of Richmond Law Review
The Twenty-Fifth Amendment of the United States Constitution contains a mechanism that enables the Vice President, with the support of a majority of the Cabinet, to temporarily relieve the President of the powers and duties of the Presidency. The provision has never been invoked, but was actively discussed by multiple Cabinet Secretaries in response to President Trump’s actions on January 6, 2021. News reports indicate that at least two Cabinet Secretaries—Secretary of State Mike Pompeo and Treasury Secretary Steve Mnuchin—tabled these discussions in part due to uncertainties about how to operationalize the Amendment. Specifically, the Secretaries were concerned that the …
Acknowledgments, Andrew E. Hemby
Acknowledgments, Andrew E. Hemby
University of Richmond Law Review
No abstract provided.
Next Generation Foreign Intelligence Surveillance Law: Renewing 702, William C. Banks
Next Generation Foreign Intelligence Surveillance Law: Renewing 702, William C. Banks
University of Richmond Law Review
No abstract provided.
Filling Federal Court Vacancies In A Presidential Election Year, Carl Tobias
Filling Federal Court Vacancies In A Presidential Election Year, Carl Tobias
University of Richmond Law Review
No abstract provided.
Binding The Enforcers: The Administrative Law Struggle Behind President Obama's Immigration Actions, Michael Kagan
Binding The Enforcers: The Administrative Law Struggle Behind President Obama's Immigration Actions, Michael Kagan
University of Richmond Law Review
No abstract provided.
Filling The Judicial Vacancies In A Presidential Election Year, Carl Tobias
Filling The Judicial Vacancies In A Presidential Election Year, Carl Tobias
University of Richmond Law Review
No abstract provided.
Executive Power And The Law Of Nations In The Washington Administration, Robert J. Reinstein
Executive Power And The Law Of Nations In The Washington Administration, Robert J. Reinstein
University of Richmond Law Review
In this issue's lead article, Professor Reinstein continueshis examination of the development of executive power over foreign affairs during the early history of the Republic. Re- cently, both legal scholars and the courts are looking to the
actions of the first administrationas a potentialprecedent onhow to construe the scope and source of the President's au- thority to determine and conduct the United States' foreign
policy. Last year, in an articlepublished in thisjournal,Pro-fessor Reinstein concluded that no originalistjustificationex-ists for a plenary executive recognitionpower. In this article,
Professor Reinstein expands this discussion through an original historical and jurisprudential account of the Neutrality …
Tax Court Appointments And Reappointments Improving The Process, Danshera Cords
Tax Court Appointments And Reappointments Improving The Process, Danshera Cords
University of Richmond Law Review
This article explores the problems with the appointment and reappointment process of judges to the United States Tax Court, particularly focusing on the recent politicization of the process. Until 1992, the process ensured the appoint-ment of only well-qualified judges to the Tax Court bench. However, beginning with the administrations of Presidents William J. Clinton and George W. Bush, the President infused politics into the nomination process, causing the process to slow and creating vacancies on the court. Such delays threaten the court's effectiveness and disrupt its operations. To solve this problem, the author endorses changing the statute to allow Tax …
Economic Policy After A Lost Decade--From Over-Spending To Innovation, Timothy M. Kaine
Economic Policy After A Lost Decade--From Over-Spending To Innovation, Timothy M. Kaine
University of Richmond Law Review
In this article, I want to focus on one aspect of our economic recovery-namely, how do we grow an economy without relying upon debt-fueled overconsumption? I argue that the magnitude of the 2007-2009 collapse was based significantly on unsustainable spending that had propped up the previous expansion. National policy during the first years of the last decade turned a sizable national surplus into a huge deficit through war spending, tax cuts, and expansion of public programs that were not paid for.The spending patterns of American families followed a similar pattern in which traditional savings rates shrunk precipitously while family debt …
Recognition: A Case Study On The Original Understanding Of Executive Power, Robert J. Reinstein
Recognition: A Case Study On The Original Understanding Of Executive Power, Robert J. Reinstein
University of Richmond Law Review
No abstract provided.
Challenging Supremacy: Virginia's Response To The Patient Protection And Affordable Care Act, Matthew R. Farley
Challenging Supremacy: Virginia's Response To The Patient Protection And Affordable Care Act, Matthew R. Farley
University of Richmond Law Review
No abstract provided.
The Long War, The Federal Courts, And The Necessity/Legality Paradox, Stephen I. Vladeck
The Long War, The Federal Courts, And The Necessity/Legality Paradox, Stephen I. Vladeck
University of Richmond Law Review
No abstract provided.
The Future Of Detainees In The Global War On Terror: A U.S. Policy Perspective, Saxby Chamblis
The Future Of Detainees In The Global War On Terror: A U.S. Policy Perspective, Saxby Chamblis
University of Richmond Law Review
No abstract provided.
Boumediene And Lawfare, Tung Yin
Boumediene And Lawfare, Tung Yin
University of Richmond Law Review
No abstract provided.
Combatants And The Combat Zone, Mary Ellen O'Connell
Combatants And The Combat Zone, Mary Ellen O'Connell
University of Richmond Law Review
No abstract provided.
Medellín V. Texas: The Treaties That Bind, Mary D. Hallerman
Medellín V. Texas: The Treaties That Bind, Mary D. Hallerman
University of Richmond Law Review
No abstract provided.
Dear President Bush: Leaving A Legacy On The Federal Bench, Carl Tobias
Dear President Bush: Leaving A Legacy On The Federal Bench, Carl Tobias
University of Richmond Law Review
No abstract provided.
Fighting Terrorism And Preserving Civil Liberties, James B. Comey
Fighting Terrorism And Preserving Civil Liberties, James B. Comey
University of Richmond Law Review
No abstract provided.
Why Nuclear Disarmament May Be Easier To Achieve Than An End To Partisan Conflict Over Judicial Appointments, David S. Law, Sanford Levinson
Why Nuclear Disarmament May Be Easier To Achieve Than An End To Partisan Conflict Over Judicial Appointments, David S. Law, Sanford Levinson
University of Richmond Law Review
No abstract provided.
Appellate Court Appointments In The Second Bush Administration, Carl Tobias
Appellate Court Appointments In The Second Bush Administration, Carl Tobias
University of Richmond Law Review
No abstract provided.
Federal Judicial Selection: The First Decade, Maeva Marcus
Federal Judicial Selection: The First Decade, Maeva Marcus
University of Richmond Law Review
No abstract provided.
Proposal For A New Executive Order On Assassination, Jeffrey F. Addicott
Proposal For A New Executive Order On Assassination, Jeffrey F. Addicott
University of Richmond Law Review
No abstract provided.
Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla
Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla
University of Richmond Law Review
No abstract provided.
The Presidential Election Case: Remembering Safe Harbor Day, Gary C. Leedes
The Presidential Election Case: Remembering Safe Harbor Day, Gary C. Leedes
University of Richmond Law Review
The 2000 presidential election transported the nation down a long and winding road without a map and headed in an uncertain direction. While it might be an exaggeration to say that the system of constitutional law was self-destructing, it is undoubtedly true that the events surrounding the election were spinning out of control, and that irreparable harm to the electoral process and thereby the nation was imminent.
The Quality Of Mercy: Race And Clemency In Florida Death Penalty Cases, 1924-1966, Margaret Vandiver
The Quality Of Mercy: Race And Clemency In Florida Death Penalty Cases, 1924-1966, Margaret Vandiver
University of Richmond Law Review
The scholarly literature on capital punishment includes few empirical studies of executive clemency. Commutations in capital cases have been rare since 1972 when the current era of capital punishment began with the United States Supreme Court's ruling in Furman v. Georgia. A large proportion of pre-1972 death sentences were commuted; examination of clemency decisions in those cases promises to reveal much about the history of capital punishment in the United States. The present study attempts to identify factors which influenced decisions to grant commutations of Florida death sentences pre-Furman, focusing particularly on whether the race of defendants and victims influenced …
A Retributive Theory Of The Pardoning Power?, Hugo Adam Bedau
A Retributive Theory Of The Pardoning Power?, Hugo Adam Bedau
University of Richmond Law Review
During the past two decades; the retributive theory of punishment has made remarkable strides in recapturing the affections of penologists. The story has been told elsewhere and need not be reviewed here. For philosophers, if not for others interested in the theory and practice of punishment, a retributive approach holds a double attraction.
Pardon For Good And Sufficient Reasons, Kathleen Dean Moore
Pardon For Good And Sufficient Reasons, Kathleen Dean Moore
University of Richmond Law Review
The preamble to an executive grant of clemency from the Presi- dent of the United States implies that pardons are granted on the basis of "premises,... good and sufficient reasons." Yet, pardons have not always been regarded as the sort of acts that need to be justified by argument. In fact, most presidential pardons are issued without any statement of justification beyond the assurance that good reasons do exist. As a result, the issue of what constitutes good and sufficient reasons for a presidential pardon is seldom addressed and still unresolved.
Executive Clemency In Post-Furman Capital Cases, Michael L. Radelet, Barbara A. Zsembik
Executive Clemency In Post-Furman Capital Cases, Michael L. Radelet, Barbara A. Zsembik
University of Richmond Law Review
In the 1972 case of Furman v. Georgia, the United States Supreme Court invalidated virtually all existing death penalty statutes in the United States. Consequently, those jurisdictions that wanted to continue to execute were forced to revise their capital sentencing procedures. Since Furman,nearly all aspects of American death penalty law have been rewritten. Left unchanged by both the courts and the legislatures, however, are the ways in which states decide which death-sentenced inmates will have their sentences commuted through the powers of executive clemency.
The Role Of Executive Clemency In Modern Death Penalty Cases, Bruce Ledewitz, Scott Staples
The Role Of Executive Clemency In Modern Death Penalty Cases, Bruce Ledewitz, Scott Staples
University of Richmond Law Review
When a governor commutes a sentence of death, typically to one of life imprisonment either with an extended mandatory term or without possibility of parole, how is this action to be understood? As former Governor Pat Brown's book about his commutation decisions illustrates, in a period of widespread support for the death penalty, each commutation contains an appeal for popular support and understanding as to why the decision was made. Where the case for commutation cannot be made to the public's satisfaction, a governor is not likely to act.