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Articles 1 - 12 of 12
Full-Text Articles in Law
Presidential Responses To Protest: Lessons Jefferson Davis Never Learned, Ashlee Paxton-Turner
Presidential Responses To Protest: Lessons Jefferson Davis Never Learned, Ashlee Paxton-Turner
West Virginia Law Review
No abstract provided.
The Take Care Clause, Justice Department Independence, And White House Control, Andrew Mccanse Wright
The Take Care Clause, Justice Department Independence, And White House Control, Andrew Mccanse Wright
West Virginia Law Review
Problematic relations between the White House and the U.S. Department of Justice stand out even amidst the broader tumult of President Donald Trump's first year in office. With respect to written policy restricting contacts between the White House staff and the Department, the Trump White House has followed the general contours of predecessor administrations. Those policies recognize that White House contacts restrictions vary with the Department’s complex functions, restrict channels of contact, and restrict personnel authorized to make contacts. They also grant limited exceptions where White House-Department contact is required to assist the President in the performance of a constitutional …
Co-Parenting War Powers: Congress's Authority To Escalate Conflicts, Russell A. Spivak
Co-Parenting War Powers: Congress's Authority To Escalate Conflicts, Russell A. Spivak
West Virginia Law Review
This article argues that Congress has the ability to force a President to escalate military intervention when he is otherwise unwilling to do so. The article begins by exploring the constitutional powers at Congress's disposal-the Declare War Clause, the Taxing and Spending Clause, and the Commander-in-Chief Clause-and their historical application. It then establishes that, under Justice Jackson's Youngstown framework, the Executive would be acting in Category Three, meaning that the President may "rely only upon his own constitutional powers minus any constitutional powers of Congress over the matter." Citing multiple Article I clauses, this article argues that Executive action in …
Executive Enforcement Discretion And The Separation Of Powers: A Case Study On The Constitutionality Of Daca And Dapa, Louis W. Fisher
Executive Enforcement Discretion And The Separation Of Powers: A Case Study On The Constitutionality Of Daca And Dapa, Louis W. Fisher
West Virginia Law Review
No abstract provided.
A Remedy For Congressional Exclusion Frm Contemporary International Agreement Making, Ryan Harrington
A Remedy For Congressional Exclusion Frm Contemporary International Agreement Making, Ryan Harrington
West Virginia Law Review
No abstract provided.
Obama's Ruby Slippers: Enforcement Discretion In The Absence Of Immigration Reform, Lauren Gilbert
Obama's Ruby Slippers: Enforcement Discretion In The Absence Of Immigration Reform, Lauren Gilbert
West Virginia Law Review
This Article explores how Deferred Action for Childhood Arrivals (DACA) emerged both from thwarted efforts at immigration reform and the Supreme Court's highly anticipated decision in Arizona v. UnitedStates.' I ar- gue that DACA not only was adopted in response to repeated failed efforts to pass the DREAM Act; it was also promulgated in anticipation of a possible fa- vorable ruling by the Court on S.B. 1070. In Part I, I examine the current sepa- ration of powers crisis in immigration policy. I look at both the context in which DACA was adopted and at challenges to DACA in Court …
Separation Of Powers And The Governor's Office In West Virginia: Advocating A More Deferential Approach To The Chief Executive From The Judiciary, Jason C. Pizatella
Separation Of Powers And The Governor's Office In West Virginia: Advocating A More Deferential Approach To The Chief Executive From The Judiciary, Jason C. Pizatella
West Virginia Law Review
No abstract provided.
Senator Robert C. Byrd, The Unsung Hero Of Watergate, David A. Corbin
Senator Robert C. Byrd, The Unsung Hero Of Watergate, David A. Corbin
West Virginia Law Review
No abstract provided.
The New Post 9/11 America Or The Making Of King George: A Review Of Executive Power In The Effort To Combat Global Terrorism As It Relates To The Power Of The Purse, Woodrow E. Turner
The New Post 9/11 America Or The Making Of King George: A Review Of Executive Power In The Effort To Combat Global Terrorism As It Relates To The Power Of The Purse, Woodrow E. Turner
West Virginia Law Review
No abstract provided.
War Powers Legislation: An Addendum, J. Terry Emerson
War Powers Legislation: An Addendum, J. Terry Emerson
West Virginia Law Review
No abstract provided.
War Powers Legislation, J. Terry Emerson
War Powers Legislation, J. Terry Emerson
West Virginia Law Review
No abstract provided.
Constitutional Law--Separation Of Powers--Issuance Of Municipal Charter By Circuit Court, W. E. P.
Constitutional Law--Separation Of Powers--Issuance Of Municipal Charter By Circuit Court, W. E. P.
West Virginia Law Review
No abstract provided.