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Articles 1 - 13 of 13
Full-Text Articles in Law
In Katrina's Wake: Rethinking The Military's Role In Domestic Emergencies, Scott R. Tkacz
In Katrina's Wake: Rethinking The Military's Role In Domestic Emergencies, Scott R. Tkacz
William & Mary Bill of Rights Journal
No abstract provided.
The Statutory Commander In Chief, Neil Kinkopf
The Statutory Commander In Chief, Neil Kinkopf
Indiana Law Journal
Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.
Inside The Administrative State: A Critical Look At The Practice Of Presidential Control, Lisa Schultz Bressman, Michael P. Vandenbergh
Inside The Administrative State: A Critical Look At The Practice Of Presidential Control, Lisa Schultz Bressman, Michael P. Vandenbergh
Michigan Law Review
From the inception of the administrative state, scholars have proposed various models of agency decision-making to render such decision-making accountable and effective, only to see those models falter when confronted by actual practice. Until now, the "presidential control" model has been largely impervious to this pattern. That model, which brings agency decision-making under the direction of the president, has strengthened over time, winning broad scholarly endorsement and bipartisan political support. But it, like prior models, relies on abstractions - for example, that the president represents public preferences and resists parochial pressures that do not hold up as a factual matter. …
Reviving The Nixon Doctrine: Nsa Spying, The Commander-In-Chief, And Executive Power In The War On Terror, David Cole
Reviving The Nixon Doctrine: Nsa Spying, The Commander-In-Chief, And Executive Power In The War On Terror, David Cole
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
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.
Ieepa's Override Authority: Potential For A Violation Of The Geneva Conventions' Right To Access For Humanitarian Organizations?, Jennifer R. White
Ieepa's Override Authority: Potential For A Violation Of The Geneva Conventions' Right To Access For Humanitarian Organizations?, Jennifer R. White
Michigan Law Review
This Note argues that, should the President exercise his override authority to prohibit or restrict the donation of humanitarian articles during an armed conflict involving the United States, the resulting prohibition or restriction would cause the United States to violate its obligations under the Conventions. This Note does not assert that the United States should not have the ability to put in place controls to prevent terrorists from benefiting from donations of funds and other humanitarian items; instead, it asserts that domestic law must tread as lightly and narrowly as possible where a widely accepted multilateral treaty exists and that …
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.
In The Service Of Secrets: The U.S. Supreme Court Revisits Totten, 39 J. Marshall L. Rev. 475 (2006), Douglas Kash, Matthew Indrisano
In The Service Of Secrets: The U.S. Supreme Court Revisits Totten, 39 J. Marshall L. Rev. 475 (2006), Douglas Kash, Matthew Indrisano
UIC Law Review
No abstract provided.
Limiting The Presidency To Natural Born Citizens Violates Due Process, 39 J. Marshall L. Rev. 1343 (2006), Paul A. Clark
Limiting The Presidency To Natural Born Citizens Violates Due Process, 39 J. Marshall L. Rev. 1343 (2006), Paul A. Clark
UIC Law Review
No abstract provided.
Political Currency And Hard Currency: The No Child Left Behind Act Turns Three, 40 J. Marshall L. Rev. 345 (2006), John Heintz
Political Currency And Hard Currency: The No Child Left Behind Act Turns Three, 40 J. Marshall L. Rev. 345 (2006), John Heintz
UIC Law Review
No abstract provided.
Irrational War And Constitutional Design: A Reply To Professors Nzelibe And Yoo, Paul F. Diehl, Tom Ginsburg
Irrational War And Constitutional Design: A Reply To Professors Nzelibe And Yoo, Paul F. Diehl, Tom Ginsburg
Michigan Journal of International Law
This Reply proceeds as follows. Part I outlines the argument of the Nzelibe and Yoo paper. Part II considers their principal-agent analysis in the context of the American political system. Part III elaborates on the "democratic peace" literature, demonstrating that it does not support the conclusions that they draw. Part IV addresses the argument that we are in a new strategic situation, such that old rules ought not apply. Part V concludes.
Fighting Terrorism And Preserving Civil Liberties, James B. Comey
Fighting Terrorism And Preserving Civil Liberties, James B. Comey
University of Richmond Law Review
No abstract provided.
Moral Justification, Administrative Power And Emergencies, Re'em Segev
Moral Justification, Administrative Power And Emergencies, Re'em Segev
Cleveland State Law Review
Although harming people is generally wrong, it is exceptionally justified as the lesser evil when it is done to prevent sufficiently more serious harm. The two aspects of this moral truth should be reflected in the law. This is not always an easy task and is especially difficult with respect to the powers of the executive branch of government concerning emergencies. In such situations, there may be strong reasons to confer wide powers to the executive branch to perform harmful actions as the lesser evil. However, strong reasons exist to curb and check such powers. However, this problem is especially …