Law Commons^™

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

University of Richmond Law Review

No abstract provided.

Issue 3: Table Of Contents

University of Richmond Law Review

No abstract provided.

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

University of Richmond Law Review

No abstract provided.

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

University of Richmond Law Review

No abstract provided.

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

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

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

University of Richmond Law Review

No abstract provided.

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

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

University of Richmond Law Review

No abstract provided.

Combatants And The Combat Zone, Mary Ellen O'Connell

University of Richmond Law Review

No abstract provided.

Boumediene And Lawfare, Tung Yin

University of Richmond Law Review

No abstract provided.

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

University of Richmond Law Review

No abstract provided.

Fighting Terrorism And Preserving Civil Liberties, James B. Comey

University of Richmond Law Review

No abstract provided.

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

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

University of Richmond Law Review

No abstract provided.

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

University of Richmond Law Review

No abstract provided.

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.

Jones V. Clinton:Reconsidering Presidential Immunity, Amy Marshall

Richmond Public Interest Law Review

Part I sets out the basic concepts of immunity, both absolute and qualified, and proceeds to provide the relevant historical precedent regarding legislative, judicial, and executive immunity. The discussion regarding executive immunity covers Supreme Court precedent from 1895 to the watershed case of Nixon v. Fitzgerald in 1982. Part I focuses on Nixon v. Fitzgerald because both the district court and the court of appeals rely most heavily on this case in their respective opinions in Jones v. Clinton. Part II discusses the district court and the court of appeals opinions in Jones v. Clinton. Part III presents the argument …

The U.S. Presidency: Fostering Global Free Trade Through Minilateral Free Trade Agreeements With Germany And Japan, J.R. Smith

Richmond Journal of Law and the Public Interest

The U.S. Presidency: Fostering Global Free Trade Through Minilateral Free Trade Agreements with Germany and Japan argues that global free trade will be better served by agreements of substance among fewer countries than by agreements of form among many countries. Specifically, the article addresses problems with the General Agreement on Tariffs and Trade (GATT) and argues that the goal of global free trade is more easily achieved through bilateral agreements between the United States and Germany, and the United States and Japan. The article concludes that such bilateral agreements, and the ultimate goal of global free trade, can be realized …

Jones V. Clinton And Presidential Immunity, Braxton Hill

Richmond Journal of Law and the Public Interest

On May 6, 1994, Paula Corbin Jones set in motion events that could alter the legal status of the office of the President of the United States. Ms. Jones filed a lawsuit against William Jefferson Clinton, the sitting President, because of sexual improprieties he allegedly committed while serving as Governor of Arkansas. As of January 1996, the case had already worked its way up the judicial ladder from the trial court to the first appellate level. Jones v. Clinton is poised to come before the United States Supreme Court, which could address unexplored areas of presidential jurisprudence--the body of legal …

Jones V. Clinton:Reconsidering Presidential Immunity, Amy Marshall

Richmond Journal of Law and the Public Interest

Part I sets out the basic concepts of immunity, both absolute and qualified, and proceeds to provide the relevant historical precedent regarding legislative, judicial, and executive immunity. The discussion regarding executive immunity covers Supreme Court precedent from 1895 to the watershed case of Nixon v. Fitzgerald in 1982. Part I focuses on Nixon v. Fitzgerald because both the district court and the court of appeals rely most heavily on this case in their respective opinions in Jones v. Clinton. Part II discusses the district court and the court of appeals opinions in Jones v. Clinton. Part III presents the argument …

From The Covenant To The Contract:Rhetoric And Meaning In The American Presidency, Dean C. Hammer

Richmond Journal of Law and the Public Interest

My concern here is not with explaining why the "New Covenant" failed to capture the political imagination of the electorate; rather, my interest lies in how the covenant as a political symbol was analyzed by both the media and scholarship. My suggestion is that this treatment is itself symbolic of a far deeper dilemma that faces not only President Clinton but also future presidents. The problem is this: at the same time that the public turns increasingly to the President to provide a "vision" of a common purpose and direction to government and society, the articulation of that vision rests …