Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Roger Williams University (49)
- University of Michigan Law School (10)
- University of New Hampshire (7)
- Maurer School of Law: Indiana University (6)
- Pepperdine University (6)
-
- New York Law School (5)
- University of Colorado Law School (5)
- Selected Works (4)
- William & Mary Law School (4)
- Northwestern Pritzker School of Law (3)
- University of Pennsylvania Carey Law School (3)
- University of Richmond (3)
- Barry University School of Law (2)
- Boston University School of Law (2)
- Eastern Illinois University (2)
- Florida State University College of Law (2)
- Purdue University (2)
- University of Maine School of Law (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Miami Law School (2)
- University of Nebraska - Lincoln (2)
- Vanderbilt University Law School (2)
- American University Washington College of Law (1)
- Duke Law (1)
- Liberty University (1)
- Mercer University School of Law (1)
- Notre Dame Law School (1)
- Saint Louis University School of Law (1)
- Southern Methodist University (1)
- US Army War College (1)
- Keyword
-
- Immigration (28)
- Refugees (16)
- Donald Trump (11)
- Executive Power (11)
- Trump (11)
-
- President (10)
- Travel Ban (10)
- Executive Order (9)
- Constitutional law (8)
- Executive Branch (8)
- Executive branch (8)
- Administrative law (7)
- Discrimination (7)
- Executive (7)
- Congress (6)
- Government (6)
- Obama (6)
- Policy (6)
- Refugee (6)
- Religion (6)
- Supreme Court (6)
- Tax (6)
- Unconstitutional (6)
- Vice President (6)
- Checks and balances (5)
- Executive authority (5)
- Executive orders (5)
- Exempt (5)
- Legislative Branch (5)
- Military (5)
- Publication
-
- Law Faculty Scholarship (35)
- Life of the Law School (1993- ) (13)
- Law School Blogs (6)
- Pepperdine Law Review (6)
- All Faculty Scholarship (5)
-
- Other Publications (5)
- Faculty Scholarship (4)
- Indiana Journal of Global Legal Studies (4)
- Michigan Journal of Race and Law (4)
- Publications (4)
- Articles (3)
- Northwestern University Law Review (3)
- Barry Law Review (2)
- Florida State University Law Review (2)
- Law Faculty Publications (2)
- Maine Law Review (2)
- Maryland Law Review (2)
- Michigan Law Review (2)
- The Eastern Illinois University Political Science Review (2)
- United States Department of Justice: Publications and Materials (2)
- University of Miami Law Review (2)
- Vanderbilt Journal of Transnational Law (2)
- American University Law Review (1)
- David A. Wirth (1)
- Erwin Chemerinsky (1)
- Faculty Articles and Other Publications (1)
- Faculty Publications (1)
- Georgia Law Review (1)
- Indiana Journal of Constitutional Design (1)
- Indiana Law Journal (1)
- Publication Type
- File Type
Articles 31 - 60 of 141
Full-Text Articles in Law
The Abraham Lincoln Lecture On Constitutional Law, Steven G. Calabresi
The Abraham Lincoln Lecture On Constitutional Law, Steven G. Calabresi
Northwestern University Law Review
These introductory remarks to the Inaugural Abraham Lincoln Lecture on Constitutional Law were delivered at Northwestern Pritzker School of Law on April 6, 2017.
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.
Trending @ Rwu Law: Dean Yelnosky's Post: Chelsea Manning, Professor David Coombs, And The "Wikileaks Trial" 08-28-2017, Edward Fitzpatrick, Roger Williams University School Of Law
Trending @ Rwu Law: Dean Yelnosky's Post: Chelsea Manning, Professor David Coombs, And The "Wikileaks Trial" 08-28-2017, Edward Fitzpatrick, Roger Williams University School Of Law
Law School Blogs
No abstract provided.
Newsroom: Golocalprov: Vargas '20 On Trump And The Future Of The Ri Gop 08-17-2017, Golocalprov Political Team, Roger Williams University School Of Law
Newsroom: Golocalprov: Vargas '20 On Trump And The Future Of The Ri Gop 08-17-2017, Golocalprov Political Team, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Temptation Of Executive Authority: How Increased Polarization And The Decline In Legislative Capacity Have Contributed To The Expansion Of Presidential Power, Edward G. Carmines, Matthew Folwer
The Temptation Of Executive Authority: How Increased Polarization And The Decline In Legislative Capacity Have Contributed To The Expansion Of Presidential Power, Edward G. Carmines, Matthew Folwer
Indiana Journal of Global Legal Studies
This paper argues that our increasingly polarized politics has led to political stalemate and policy gridlock in Congress which, in turn, have contributed to a change in the balance of power between the executive and legislative branches of government; specifically, executive power has increased at the expense of a diminished legislature. The paper will trace the extent to which Congress has become increasingly polarized and how this increased polarization has reduced Congress's capability and productivity while simultaneously increasing policy gridlock resulting in the expansion of executive power (and judicial authority) relative to legislative authority
Globalization And The Growth Of Executive Power: An Old Story, Alasdair Roberts
Globalization And The Growth Of Executive Power: An Old Story, Alasdair Roberts
Indiana Journal of Global Legal Studies
Americans have always worried about an undue concentration of power in the executive branch. Recently, people have worried that globalization might be making the problem even worse. But the concern is overstated, or at least misstated. Globalization is not a new phenomenon, and most of its effect on executive power was realized decades ago. And globalization might undermine executive power, rather than bolster it, either because globalization undermines the authority of the nation-state or shifts authority to technocrats. If there is a general tendency toward increased executive power in the twenty-first century, this is might attributable more directly to other …
The President's Private Dictionary: How Secret Definitions Undermine Domestic And Transnational Efforts At Executive Branch Accountability, Sudha Setty
Indiana Journal of Global Legal Studies
The 2016 EU-U.S. Privacy Shield is an agreement allowing companies to move customer data between the European Union and the United States without running afoul of heightened privacy protections in the European Union. It was developed in response to EU concerns that the privacy rights of its citizens have been systematically abrogated by the U.S. government in the name of national security, and contains a variety of assurances that the United States will respect and protect the privacy rights of EU citizens.
How trustworthy are the U.S. assurances under the Privacy Shield? Both the Bush and Obama administrations secretly interpreted …
Global Cybersecurity, Surveillance, And Privacy: The Obama Administration's Conflicted Legacy, Peter Margulies
Global Cybersecurity, Surveillance, And Privacy: The Obama Administration's Conflicted Legacy, Peter Margulies
Indiana Journal of Global Legal Studies
To analyze the Obama administration's cyber efforts, this Article proposes a paradigm of stewardship with both discursive and structural dimensions. Discursive stewardship refers to the Executive's openness to dialogue with other stakeholders. Structural stewardship refers to the domestic and transnational distribution of decisional authority, including checks and balances that guard against the excesses of unilateral action. The Article concludes that the Obama administration made substantial progress in each of these realms. However, the outsized role of law enforcement agendas and dearth of clearly articulated checks on transnational surveillance drove headwinds that limited forward movement.
Representative/Senator Trump?, Gary S. Lawson
Representative/Senator Trump?, Gary S. Lawson
Faculty Scholarship
The American presidency is a much more powerful office in 2017 than was contemplated by the Constitution of 1788. In large measure, that is because Congress has unconstitutionally subdelegated many of its legislative powers to the President. The President thus effectively functions as the Congress to a significant degree, which not only perverts the constitutional structure but also significantly raises the stakes of presidential elections. There is no good reason to expect Congress or the courts to stem the tide of subdelegation. Presidents, however, have a number of tools available to resist, and even reverse, that tide. While there is …
Refugee Eo Update: The Supreme Court Hands Each Side A Partial Victory, Peter Margulies
Refugee Eo Update: The Supreme Court Hands Each Side A Partial Victory, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Refugee Eo: Hawaii’S Response To The Government’S Request For A Stay, Peter Margulies
Refugee Eo: Hawaii’S Response To The Government’S Request For A Stay, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Origins And Boundaries Of Executive Privilege, John M. Greabe
The Origins And Boundaries Of Executive Privilege, John M. Greabe
Law Faculty Scholarship
[Excerpt] "When the president or persons working with the president are under investigation . . . the doctrine of executive privilege -which entitles the president to keep confidential certain communications to and from his advisers -inevitably becomes relevant."
Refugee Eo Stay: Ninth Circuit Dismisses Hawaii’S Appeal But Draws A Roadmap For Future Litigation, Peter Margulies
Refugee Eo Stay: Ninth Circuit Dismisses Hawaii’S Appeal But Draws A Roadmap For Future Litigation, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Hawaii Judge Watson Declines To Clarify Scope Of Preliminary Injunction On Executive Order 13,780, Peter Margulies
Hawaii Judge Watson Declines To Clarify Scope Of Preliminary Injunction On Executive Order 13,780, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Eo Stay: The Government Doubles Down On Excluding Grandparents And Refugees, Peter Margulies
The Eo Stay: The Government Doubles Down On Excluding Grandparents And Refugees, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Implementing The Refugee Eo: The State Department Should Consider Refugee Agency Assurances As Bona Fide Relationships, Peter Margulies
Implementing The Refugee Eo: The State Department Should Consider Refugee Agency Assurances As Bona Fide Relationships, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Smith V. Obama: A Neoclassical After Action Review, Sam Walenz
Smith V. Obama: A Neoclassical After Action Review, Sam Walenz
Florida State University Law Review
No abstract provided.
#Betterrules: The Appropriate Use Of Social Media In Rulemaking, Stephen M. Johnson
#Betterrules: The Appropriate Use Of Social Media In Rulemaking, Stephen M. Johnson
Florida State University Law Review
No abstract provided.
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Articles
In this section: • Trump Administration Takes Steps to Implement Bilateral Agreement with Australia Regarding Refugees • Trump Administration Criticizes NATO Members for Failing to Meet Defense Spending Guideline; United States Joins Other NATO Members in Supporting Montenegro’s Membership in the Organization • President Trump Issues Executive Orders Suspending Refugee Program and Barring Entry by Individuals from Specified Countries • Trump Administration Maintains Nuclear Deal with Iran, Despite Persistent Skepticism • United States Strikes Syrian Government Airbase in Response to Chemical Weapons Attacks by Syrian Forces; Two Additional Strikes on Syrian Government Forces Justified by Defense of Troops Rationale • …
Implementing The Refugee Eo: Add Grandparents, Peter Margulies
Implementing The Refugee Eo: Add Grandparents, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Travel Ban In The Supreme Court: Crafting A Workable Remedy, Peter Margulies
The Travel Ban In The Supreme Court: Crafting A Workable Remedy, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Ninth Circuit’S Refugee Eo Decision: Methodically Misreading The Immigration Statute, Peter Margulies
The Ninth Circuit’S Refugee Eo Decision: Methodically Misreading The Immigration Statute, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Text Of Solicitor Opinions And A Presidential Letter Regarding National Monuments And The Antiquities Act Of 1906, Mark Squillace
Text Of Solicitor Opinions And A Presidential Letter Regarding National Monuments And The Antiquities Act Of 1906, Mark Squillace
Research Data
These five full-text documents are cited in Mark Squillace, The Monumental Legacy of the Antiquities Act of 1906, 37 Ga. L. Rev. 473 (2003), available at http://scholar.law.colorado.edu/articles/508; and/or Mark Squillace, Eric Biber, Nicholas S. Bryner & Sean B. Hecht, Presidents Lack the Authority to Abolish or Diminish National Monuments, 103 Va. L. Rev. Online 55 (2017), http://www.virginialawreview.org/sites/virginialawreview.org/files/Hecht%20PDF.pdf:
- U.S. Department of the Interior, Office of the Solicitor, Opinion of Apr. 20, 1915 (cited in Opinion of January 30, 1935, M-27657).
- U.S. Department of the Interior, Office of the Solicitor, Opinion of June 3, 1924, M-12501, M-12529 (cited …
Absolute Immunity: General Principles And Recent Developments, Erwin Chemerinsky
Absolute Immunity: General Principles And Recent Developments, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Internal Administrative Law, Gillian E. Metzger, Kevin M. Stack
Internal Administrative Law, Gillian E. Metzger, Kevin M. Stack
Michigan Law Review
For years, administrative law has been identified as the external review of agency action, primarily by courts. Following in the footsteps of pioneering administrative law scholars, a growing body of recent scholarship has begun to attend to the role of internal norms and structures in controlling agency action. This Article offers a conceptual and historical account of these internal forces as internal administrative law. Internal administrative law consists of the internal directives, guidance, and organizational forms through which agencies structure the discretion of their employees and presidents control the workings of the executive branch. It is the critical means for …
Making Treaty Implementation More Like Statutory Implementation, Jean Galbraith
Making Treaty Implementation More Like Statutory Implementation, Jean Galbraith
Michigan Law Review
Both statutes and treaties are the “supreme law of the land,” and yet quite different practices have developed with respect to their implementation. For statutes, all three branches have embraced the development of administrative law, which allows the executive branch to translate broad statutory directives into enforceable obligations. But for treaties, there is a far more cumbersome process. Unless a treaty provision contains language that courts interpret to be directly enforceable, they will deem it to require implementing legislation from Congress. This Article explores and challenges the perplexing disparity between the administration of statutes and treaties. It shows that the …
The President’S Pen And The Bureaucrat’S Fiefdom, John C. Eastman
The President’S Pen And The Bureaucrat’S Fiefdom, John C. Eastman
John C. Eastman
Should The President’S Words Matter In Court?, Katherine A. Shaw
Should The President’S Words Matter In Court?, Katherine A. Shaw
Online Publications
The most striking aspect of last Thursday’s opinion by the United States Court of Appeals for the Fourth Circuit, which rejected the Trump administration’s latest effort to revive its travel ban for individuals from six predominantly Muslim countries, was its reliance on Donald Trump’s own words as candidate, president-elect and president. The court leaned particularly heavily on his now-famous campaign statement that he was “calling for a total and complete shutdown of Muslims entering the United States.”
The Fourth Circuit And The Refugee Eo: Establishing Confusion, Peter Margulies
The Fourth Circuit And The Refugee Eo: Establishing Confusion, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Trump Presidency And The Press, John M. Greabe
The Trump Presidency And The Press, John M. Greabe
Law Faculty Scholarship
[Excerpt] "It is not difficult to understand why presidents frequently voice frustration with the press. Imagine being subjected to critical analysis 24/7 by reporters, bloggers and pundits who often lack complete and accurate information but face competitive pressure to publish quickly."