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Articles 1 - 26 of 26

Full-Text Articles in Law

Does Congress Have The Power To Limit The President's Conduct Of Detentions, Interrogations And Surveillance In The Context Of War?, Shayana Kadidal Dec 2007

Does Congress Have The Power To Limit The President's Conduct Of Detentions, Interrogations And Surveillance In The Context Of War?, Shayana Kadidal

City University of New York Law Review

No abstract provided.


A Wolf In Sheep’S Clothing: The Unilateral Executive And The Separation Of Powers, Thomas J. Cleary Dec 2007

A Wolf In Sheep’S Clothing: The Unilateral Executive And The Separation Of Powers, Thomas J. Cleary

The University of New Hampshire Law Review

[Excerpt] “The United States Constitution vests all executive powers in a president. This is the unitary executive theory. By virtue of this, many believe the president is vested with the power to act unilaterally. This is the unilateral executive theory. However, the unilateral executive portends more than action. In reality, the unilateral executive theory provides an opportunity to implement a unilateral agenda. Thus, the aim of this paper is to consider executive power, the separation of powers, and the unilateral executive theory to determine if presidential power under the separation of powers doctrine is actually “a wolf in sheep’s clothing.” …


Signing Statements And Divided Government, Neal Devins Oct 2007

Signing Statements And Divided Government, Neal Devins

William & Mary Bill of Rights Journal

No abstract provided.


Introduction: The Last Word? The Constitutional Implications Of Presidential Signing Statements, Charlie Savage Oct 2007

Introduction: The Last Word? The Constitutional Implications Of Presidential Signing Statements, Charlie Savage

William & Mary Bill of Rights Journal

No abstract provided.


A Matter Of Direction: The Reagan Administration, The Signing Statement, And The 1986 Westlaw Decision, Christopher S. Kelley Oct 2007

A Matter Of Direction: The Reagan Administration, The Signing Statement, And The 1986 Westlaw Decision, Christopher S. Kelley

William & Mary Bill of Rights Journal

No abstract provided.


The First Word, M. Elizabeth Magill Oct 2007

The First Word, M. Elizabeth Magill

William & Mary Bill of Rights Journal

No abstract provided.


The On/Off Switch, Philip Heymann Oct 2007

The On/Off Switch, Philip Heymann

William & Mary Bill of Rights Journal

No abstract provided.


Why The President Must Veto Unconstitutional Bills, Saikrishna B. Prakash Oct 2007

Why The President Must Veto Unconstitutional Bills, Saikrishna B. Prakash

William & Mary Bill of Rights Journal

No abstract provided.


Presidential Signing Statements In Perspective, Nelson Lund Oct 2007

Presidential Signing Statements In Perspective, Nelson Lund

William & Mary Bill of Rights Journal

No abstract provided.


The Unconstitutionality Of "Signing And Not-Enforcing", Michael B. Rappaport Oct 2007

The Unconstitutionality Of "Signing And Not-Enforcing", Michael B. Rappaport

William & Mary Bill of Rights Journal

No abstract provided.


Litigating Presidential Signing Statements, Michele Estrin Gilman Oct 2007

Litigating Presidential Signing Statements, Michele Estrin Gilman

William & Mary Bill of Rights Journal

No abstract provided.


Presidential Signing Statements And Congressional Oversight, A. Christopher Bryant Oct 2007

Presidential Signing Statements And Congressional Oversight, A. Christopher Bryant

William & Mary Bill of Rights Journal

No abstract provided.


Signing Statements: Constitutional And Practical Limits, Louis Fisher Oct 2007

Signing Statements: Constitutional And Practical Limits, Louis Fisher

William & Mary Bill of Rights Journal

No abstract provided.


Fee Shifting As A Congressional Response To Adventurous Presidential Signing Statements, Harold J. Krent Oct 2007

Fee Shifting As A Congressional Response To Adventurous Presidential Signing Statements, Harold J. Krent

William & Mary Bill of Rights Journal

No abstract provided.


Signing Statements And Statutory Interpretation In The Bush Administration, Neil Kinkopf Oct 2007

Signing Statements And Statutory Interpretation In The Bush Administration, Neil Kinkopf

William & Mary Bill of Rights Journal

No abstract provided.


The Presidential Signing Statements Controversy, Ronald A. Cass, Peter L. Strauss Oct 2007

The Presidential Signing Statements Controversy, Ronald A. Cass, Peter L. Strauss

William & Mary Bill of Rights Journal

No abstract provided.


Presidential Signing Statements And The Rule Of Law As An "Unstructured Institution", Peter M. Shane Oct 2007

Presidential Signing Statements And The Rule Of Law As An "Unstructured Institution", Peter M. Shane

William & Mary Bill of Rights Journal

No abstract provided.


Signing Statements As Declaratory Judgments: The President As Judge, Phillip J. Cooper Oct 2007

Signing Statements As Declaratory Judgments: The President As Judge, Phillip J. Cooper

William & Mary Bill of Rights Journal

No abstract provided.


International Law And Constitutional Interpretation: The Commander In Chief Clause Reconsidered, Ingrid Brunk Wuerth Oct 2007

International Law And Constitutional Interpretation: The Commander In Chief Clause Reconsidered, Ingrid Brunk Wuerth

Michigan Law Review

The Commander in Chief Clause is a difficult, underexplored area of constitutional interpretation. It is also a context in which international law is often mentioned, but not fully defended, as a possible method of interpreting the Constitution. This Article analyzes why the Commander in Chief Clause is difficult and argues that international law helps resolve some of the problems that the Clause presents. Because of weaknesses in originalist analysis, changes over time, and lack of judicial competence in military matters, the Court and commentators have relied on second-order interpretive norms like congressional authorization and executive branch practice in interpreting the …


Legitimacy, Selectivity, And The Disunitary Executive: A Reply To Sally Katzen, Lisa Schultz Bressman, Michael P. Vandenbergh May 2007

Legitimacy, Selectivity, And The Disunitary Executive: A Reply To Sally Katzen, Lisa Schultz Bressman, Michael P. Vandenbergh

Michigan Law Review

This reply addresses the thoughtful comments that former OIRA Administrator Sally Katzen has provided on our Article, Inside the Administrative State: A Critical Look at the Practice of Presidential Control. Our Article is the first to investigate the agency perspective on White House involvement in agency rule-making. We interviewed 30 of the 35 top political officials in the Environmental Protection Agency ("EPA") during the George H.W. Bush ("Bush I") and the William J. Clinton Administrations during 1989-2001. Prior to our study, empirical studies of White House involvement in agency rule-making had focused almost exclusively on the White House side, …


A Reality Check On An Empirical Study: Comments On "Inside The Administrative State", Sally Katzen May 2007

A Reality Check On An Empirical Study: Comments On "Inside The Administrative State", Sally Katzen

Michigan Law Review

Presidential control is the term used for the process (or some would say, the model) by which agency decision-making (more particularly, rulemaking) is brought under the direction of the president to "render such decision- making accountable and effective." Until now scholars, who have generally endorsed both the theory and the practice of the process, have written from the perspective of those who exercise presidential control - those at the White House or the Office of Information and Regulatory Affairs ("OIRA"). In a recent article in the Michigan Law Review, Lisa Schultz Bressman and Michael Vandenbergh ("the authors") decided to …


If At First You Don't Succeed, Sign An Executive Order: President Bush And The Expansion Of Charitable Choice, Michele Estrin Gilman Apr 2007

If At First You Don't Succeed, Sign An Executive Order: President Bush And The Expansion Of Charitable Choice, Michele Estrin Gilman

William & Mary Bill of Rights Journal

This Article analyzes whether President Bush's charitable choice executive orders, which permit religious organizations to apply for federal funds to deliver social services, are a permissible exercise of presidential power. Although Congress has enacted charitable choice provisions in some major statutes, including a 1996 welfare reform act, it debated but did not extend charitable choice throughout the entire federal human services bureaucracy, as the President's executive orders do. The core question this Article examines is whether President Bush's charitable choice executive orders constitute permissible gap-filling of ambiguous statutes under the Chevron doctrine or impermissible exercises of executive lawmaking under Youngstown …


"Quotidian" Judges Vs. Al-Qaeda, Mark S. Davies Apr 2007

"Quotidian" Judges Vs. Al-Qaeda, Mark S. Davies

Michigan Law Review

In Terror in the Balance: Security, Liberty, and the Courts, University of Chicago law professors Eric A. Posner and Adrian Vermeule invite those of us worried about the American response to al-Qaeda to consider the proper role of judges. Judges, of course, are not being dispatched to the hills of Pakistan nor are they securing our borders or buildings. But as the executive seeks to implement a range of new policies in the name of protecting us from al-Qaeda, the judicial treatment of these policies shapes the American response. Posner and Vermeule suggest a kind of Hippocratic view of …


A Paper Tiger With Bite: A Defense Of The War Powers Resolution, Michael B. Weiner Jan 2007

A Paper Tiger With Bite: A Defense Of The War Powers Resolution, Michael B. Weiner

Vanderbilt Journal of Transnational Law

The War Powers Resolution (WPR) has led a beleaguered existence. Since its enactment in 1973, it has been labeled ineffectual and useless. This Note proves, however, that to review presidential unilateral uses of force since 1973 is to find a spirit of compliance with the WPR, as these uses of force have been characterized by their brevity and their lack of spilled U.S.blood. While minor departures from the WPR's black-letter requirements are conceded, none of these uses of force have developed into, or even resembled, Vietnam-esque quagmires. As a result, this Note contends that the WPR has had a positive …


Pakistan's Political Upheaval: The Demise Of Nuclear Democracy, Jared M. Lee Jan 2007

Pakistan's Political Upheaval: The Demise Of Nuclear Democracy, Jared M. Lee

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Signing Statements And The New Supreme Court: The Future Of Presidential Expression, 40 J. Marshall L. Rev. 1317 (2007), Anne Skrodzki Jan 2007

Signing Statements And The New Supreme Court: The Future Of Presidential Expression, 40 J. Marshall L. Rev. 1317 (2007), Anne Skrodzki

UIC Law Review

No abstract provided.