Law Commons^™

Defending Against Projects Of Faction: Reforming The Congressional Investigation Process, John Sullivan

Catholic University Law Review

Throughout American history, the power to investigate has been one of key powers of the U.S. Congress. This power, shaped by the Congress itself and the courts, has evolved into a critical tool used to hold parties accountable and to promote effective legislation for the American people. Yet as much as it can be used to further the interests of all Americans, so too can it be used to further a party’s own political agenda. Today, the congressional investigation process has become overly-politicized, misused for fundraising purposes, and overseen by members of Congress who are not investigators by trade.

As …

Judicial Deference To Agency Action Based On Ai, Cade Mallett

Catholic University Journal of Law and Technology

No abstract provided.

The President’S Remedy–What The Hydroxychloroquine Story Teaches Us About The Need To Limit Off-Lable Prescribing Powers, Jennifer Bard

Catholic University Law Review

When the history of the first year of the United States Government’s response to the COVID-19 virus is written, there is likely to be mention of the still unexplained vehemence with which then president Donald J. Trump made use of his access to social media to promote seldom used anti-malaria drug, hydroxychloroquine, for both the prevention and treatment of COVID-19 despite the active growing opposition of most of the world’s scientists, including his own government scientists. While the use of drugs developed and approved by the FDA for different purposes to combat new diseases, off-label prescribing, is legal in the …

Heirs Of An Administration: Unlawful Executive Actions, Jerome Perez

Catholic University Law Review

The Supreme Court of the United States in DHS v. Regents on June 18, 2020, decided to stall the Trump administration from rescinding the Deferred Action for Childhood Arrivals (DACA) policy that the Obama administration created contrary to the Administrative Procedures Act (APA)––even though in 2016 the Supreme Court affirmed a preliminary injunction on the Deferred Action for Parents of Americans (DAPA) policy, which mirrors DACA. This blunder offhandedly sacrifices the Supreme Court’s reputation as nonpartisan by enlisting itself as the future arbiter of administrative issues with self-evident resolutions and deciding contrary to those resolutions to endorse a political agenda. …

Investments And Security: Balancing International Commerce And National Security With Expanded Authority For The Committee On Foreign Investment In The United States, Christopher Jusuf

Catholic University Journal of Law and Technology

What happens when the interests of international trade conflict with those of national security? This article analyzes this question within the context of the Committee on Foreign Investment in the United States (CFIUS), an obscure but increasingly powerful executive panel that exercises the president's broad authority to unilaterally interfere with and stop international mergers and acquisitions. With the passage of the Foreign Investment Risk Review Modernization Act (FIRRMA), CFIUS is more powerful now than it has ever been, and should be a key consideration for any company seeking to do business with foreign investors. This is especially true as America …

Artificial Intelligence Is Here, Get Ready!, Jessica G. Martz

Catholic University Journal of Law and Technology

No one is certain whether Artificial Intelligence (“AI”) will make the future a better place or make it look like an apocalyptic Hollywood blockbuster. An opinion that is emerging among experts and nation-state leaders is that the nation-states that lead in AI advancements and implementation will likely have a greater influence on and power over the world economic and national security stages. The goal of this book review is to encourage the reader to enter the conversation about the role AI will play in global society and American life because AI will influence the job market in the near future. …

Life Becoming Hazy: The Withdrawal Of The United States From The Paris Agreement And How The Youth Of America Are Challenging It, Anne Ustynoski

Catholic University Journal of Law and Technology

This Comment covers the ways in which each presidential administration has viewed the United States’ role and responsibilities in combating climate change. It discusses the ways in which the Clean Air Act has evolved and changed, as well as the ways in which the United States has been involved in environmental protection initiatives undertaken by the United Nations. The Comment also examines the ways in which individual states and groups have taken the initiative to combat climate change. Finally, this Comment discusses alternative approaches to combating climate change. For example, it focuses on how youths in America are arguing that …

The Constitutionality Of Appropriations Transfer Authority Under The Nondelegation Doctrine, Shelby Begany Telle

Catholic University Law Review

Article I, Section 9 of the U.S. Constitution provides the Legislative Branch with the power of the purse by granting it the exclusive authority to designate how federal dollars may be spent via appropriations laws. Congress often includes transfer authority, which provides Executive Branch recipients of appropriations the ability to shift funds from one budget account to another. Allowing an agency to transfer funds from one non-specific appropriation to another is arguably an unconstitutional abdication of the Legislative Branch’s exclusive power over the purse strings.

Appropriations transfers are unconstitutional under the nondelegation doctrine. Certain attempts to alleviate these nondelegation concerns …

Clearing The Air: Does Choosing Agency Deference In Security Clearance Rulings Dilute Constitutional Challenges?, Frank Russo

Catholic University Law Review

The ability to obtain a security clearance has a wide-ranging impact from job placement to questions of fitness in a presidential election. Sustaining a functional career in intelligence, national security, and many other federal fields within the United States is nearly impossible without proper security clearance. In 2016, the importance of proper clearance evolved into a national debate as each presidential candidate staked claims that their opposition should be excluded from receiving sensitive material.

This Comment begins with a detailed history of modern security clearance procedures and MSPB reviews of clearance revocations. Part I focuses on those who need security …

Hey America! Let's Get Smart: The Need For A Reliable Modern Smart Electrical Grid Resistance To Cyberattacks, Richard J. Kisielowski Ii

Catholic University Journal of Law and Technology

No abstract provided.

The Natural Born Citizen Clause As Originally Understood, Mary Brigid Mcmanamon

Catholic University Law Review

Article II of the Constitution requires that the President be a “natural born Citizen.” The phrase is derived from English common law, and the Supreme Court requires examination of that law to ascertain the phrase’s definition. This piece presents the pertinent English sources, combined with statements by early American jurists. Based on a reading of these materials, the article concludes that, in the eyes of the Framers, a presidential candidate must be born within the United States. The article is important because there has been a candidate who “pushed the envelope” on this question in many elections over the last …

Waiving Goodbye To Nondisclosure Under Foia’S Exemption 4: The Scope And Applicability Of The Waiver Doctrine, Patrick Lightfoot

Catholic University Law Review

No abstract provided.