Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Maryland Francis King Carey School of Law (8)
- UC Law SF (3)
- Boston University School of Law (2)
- University of Oklahoma College of Law (2)
- William & Mary Law School (2)
-
- Brigham Young University Law School (1)
- Chicago-Kent College of Law (1)
- Duke Law (1)
- Notre Dame Law School (1)
- University of Colorado Law School (1)
- University of Kentucky (1)
- University of Michigan Law School (1)
- University of Missouri School of Law (1)
- University of Richmond (1)
- University of Washington School of Law (1)
- Keyword
-
- Impeachment (10)
- Presidency (8)
- Constitution (3)
- President (3)
- Congress (2)
-
- Separation of Powers (2)
- Statute (2)
- Ackerman (Bruce) (1)
- Alexander Hamilton (1)
- Arms control (1)
- Article I (1)
- Article II (1)
- Avoidance (1)
- B. Altman & Co. v. United States (1)
- Bill Clinton (1)
- Biocomplexity (1)
- Bretton Woods (1)
- Bush v. Gore (1)
- Bush v. Palm Beach County Canvassing Board (1)
- Clinton (1)
- Clinton Impeachment (1)
- Commerce Clause (1)
- Constitutional Interpretation (1)
- Constitutional law (1)
- Declare War Clause (1)
- Deference (1)
- Direct election (1)
- Electoral college (1)
- Environmental law (1)
- Exclusivism (1)
- Publication
- Publication Type
Articles 1 - 27 of 27
Full-Text Articles in Law
The Law Of Presidential Transitions And The 2000 Election, Todd J. Zjwicki
The Law Of Presidential Transitions And The 2000 Election, Todd J. Zjwicki
BYU Law Review
No abstract provided.
Clinton, Kosovo, And The Final Destruction Of The War Powers Resolution, Geoffrey S. Corn
Clinton, Kosovo, And The Final Destruction Of The War Powers Resolution, Geoffrey S. Corn
William & Mary Law Review
No abstract provided.
Congress And The Legislative Web Of Trust, Alan L. Feld
Congress And The Legislative Web Of Trust, Alan L. Feld
Faculty Scholarship
Trust in the legislative arena does not flow from altruism. It rests on two related foundations: personal interactions and rational incentives. Legislators must engage with each other over at least a two-year term and usually far longer. Their encounters reflect the dynamic of continuing players rather than one-time participants. Thus, failure to carry out commitments chills the possibility of future advantageous agreements with the aggrieved party. Moreover, the process of shared experience and personal interaction can create friendships that make the foundation for trust personal as well as professional. Further, each House of Congress has many of the characteristics of …
Conditioning The President's Conditional Pardon Power, Harold J. Krent
Conditioning The President's Conditional Pardon Power, Harold J. Krent
All Faculty Scholarship
No abstract provided.
Laws As Treaties?: The Constitutionality Of Congressional-Executive Agreements, John C. Yoo
Laws As Treaties?: The Constitutionality Of Congressional-Executive Agreements, John C. Yoo
Michigan Law Review
Only twice in the last century, in 1919 with the Treaty of Versailles, and two years ago with the comprehensive Nuclear Test-Ban Treaty, has the Senate rejected a significant treaty sought by the President. In both cases, the international agreement received support from a majority of the Senators, but failed to reach the two-thirds supermajority required by Article II, Section 2, of the Constitution. The failure of the Versailles Treaty resulted in a shattering defeat for President Wilson's vision of a new world order, based on collective security and led by the United States. Rejection of the Test-Ban Treaty amounted …
Shaping The Modern West: The Role Of The Executive Branch, John D. Leshy
Shaping The Modern West: The Role Of The Executive Branch, John D. Leshy
Faculty Scholarship
No abstract provided.
Remarks By President Clinton To The Pine Ridge Indian Reservation Community, July 7, 1999
Remarks By President Clinton To The Pine Ridge Indian Reservation Community, July 7, 1999
American Indian Law Review
No abstract provided.
Structural Principles And Presidential Succession, Howard M. Wasserman
Structural Principles And Presidential Succession, Howard M. Wasserman
Kentucky Law Journal
No abstract provided.
The Babbitt Legacy At The Department Of The Interior: A Preliminary View, John D. Leshy
The Babbitt Legacy At The Department Of The Interior: A Preliminary View, John D. Leshy
Faculty Scholarship
No abstract provided.
Water Rights For New Federal Land Conservation Programs: A Turn-Of-The-Century Evaluation, John D. Leshy
Water Rights For New Federal Land Conservation Programs: A Turn-Of-The-Century Evaluation, John D. Leshy
Faculty Scholarship
No abstract provided.
Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt
Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt
Faculty Publications
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.
Symposium - Bidding Adieu To The Clinton Administration: Assessing The Ramifications Of The Clinton "Scandals" On The Office Of The President And On Executive Branch Investigations
Maryland Law Review
No abstract provided.
Falling Out Of Love With America:The Clinton Impeachment And The Madisonian Constitutions, Frank O. Bowman Iii
Falling Out Of Love With America:The Clinton Impeachment And The Madisonian Constitutions, Frank O. Bowman Iii
Maryland Law Review
No abstract provided.
Spinning Out Of Control: The Scancal Machine, Lanny J. Davis
Spinning Out Of Control: The Scancal Machine, Lanny J. Davis
Maryland Law Review
No abstract provided.
Monica Lewinsky, Impeachment, And The Death Of The Independent Counsel Law: What Congress Can Salvage From The Wreckage - A Minimalist View, Ken Gormley
Maryland Law Review
No abstract provided.
Paradise Losts: The Clinton Administration And The Erosion Of Executive Privilege, Jonathan Turley
Paradise Losts: The Clinton Administration And The Erosion Of Executive Privilege, Jonathan Turley
Maryland Law Review
No abstract provided.
Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt
Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt
Maryland Law Review
No abstract provided.
The Bakaly Debacle: The Role Of The Press In High-Profile Criminal Investigations, Julie R. O'Sullivan
The Bakaly Debacle: The Role Of The Press In High-Profile Criminal Investigations, Julie R. O'Sullivan
Maryland Law Review
No abstract provided.
The Office Of Independent Counsel And The Fatal Flaw: "They Are Left To Twist In The Wind", Abraham Dash
The Office Of Independent Counsel And The Fatal Flaw: "They Are Left To Twist In The Wind", Abraham Dash
Maryland Law Review
No abstract provided.
Avoiding Constitutional Questions As A Three-Branch Problem, William K. Kelley
Avoiding Constitutional Questions As A Three-Branch Problem, William K. Kelley
Journal Articles
This article criticizes the cardinal rule of statutory construction known as the avoidance canon - that statutes must be interpreted to avoid raising serious constitutional questions - as failing to respect the proper constitutional roles of both Congress and the Executive. It argues that the avoidance canon in practice cannot be grounded in legislative supremacy, which is the common justification for it offered by the Supreme Court, because it assumes without foundation that Congress would always prefer not to come close to the constitutional line in enacting statutes. Instead, the avoidance canon creates pressure for courts to adopt statutory meanings …
Everything I Need To Know About Presidents I Learned From Dr. Seuss, Gary S. Lawson
Everything I Need To Know About Presidents I Learned From Dr. Seuss, Gary S. Lawson
Faculty Scholarship
Oaths are out of fashion these days. This is an era in which it is widely considered unreasonable to expect the President of the United States to obey basic principles of law and justice, much less to honor something as abstract as an oath. Perjury the violation of a legally binding oath-is publicly defended as proof of the offender's humanity rather than his criminality. And one should not even mention in polite company something as gauche as honoring an oath of marriage. Those pesky vows of marital fidelity were, after all, just words.
What Is It Good For? War Power, Judicial Review, And Constitutional Deliberation, J. Richard Broughton
What Is It Good For? War Power, Judicial Review, And Constitutional Deliberation, J. Richard Broughton
Oklahoma Law Review
No abstract provided.
Executive Orders And Presidential Commands: Presidents Riding To The Rescue Of The Environment, William H. Rodgers, Jr.
Executive Orders And Presidential Commands: Presidents Riding To The Rescue Of The Environment, William H. Rodgers, Jr.
Articles
Presidential executive orders are legal and political documents. They are also uniquely personal utterances of the president and the administration. The right words at the appropriate time can motivate and move the human spirit, and they can link this president and this moment to the strongest of ideas. Being personal and tending to the heroic, the executive order can thus be perceived as accomplishing a great public good.
This article will explore the pros and cons of the executive order tool. I will then evaluate a number of executive orders that have impacted contemporary environmental policy. I will conclude by …
The Electoral College, The Right To Vote, And Our Federalism: A Comment On A Lasting Institution, Luis Fuentes-Rohwer, Guy-Uriel Charles
The Electoral College, The Right To Vote, And Our Federalism: A Comment On A Lasting Institution, Luis Fuentes-Rohwer, Guy-Uriel Charles
Faculty Scholarship
No abstract provided.
Falling Out Of Love With America: The Clinton Impeachment And The Madisonian Constitution, Frank O. Bowman Iii
Falling Out Of Love With America: The Clinton Impeachment And The Madisonian Constitution, Frank O. Bowman Iii
Faculty Publications
First, were the Nixon and Clinton affairs truly as different as my memory makes them? Were the villains of Watergate as villainous and the heroes as heroic as I remember them? Were nearly all the players on both sides of l'affaire Lewinsky as shallow and fatuous as they seemed? Or to put the question in broader historical context, was the impeachment of Bill Clinton truly distinct, not only from Watergate, but from all of the other (fortunately few) occasions on which a president was seriously threatened with removal from office? Second, if the Clinton impeachment really was as bizarre, unprecedented, …
Integration & Biocomplexity, Lakshman Guruswamy
Integration & Biocomplexity, Lakshman Guruswamy
Publications
Sustainable development (SD) is premised on the inescapable and integral role played by humans in shaping and impacting the natural world and has been recognized as a foundational norm of international environmental law and policy. Ecologicalism - an outlook that embraces a comprehensive approach to interdependent natural and human systems - provides the conceptual underpinnings for a creative and integrated environmental management philosophy for implementing SD. This Article argues that the daunting task of defining and applying such an integrated approach and philosophy to the multiple interacting changes affecting planetary life support systems can benefit from the U.S. experience in …