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Full-Text Articles in Law

Combating The Ninth Circuit Judicial Vacancy Crisis, Carl W. Tobias Jan 2017

Combating The Ninth Circuit Judicial Vacancy Crisis, Carl W. Tobias

Law Faculty Publications

When Donald Trump became President, the United States Court of Appeals for the Ninth Circuit had four judicial vacancies that the Administrative Office of the U.S. Courts (AO) identified as “judicial emergencies.” The court also faces a larger caseload than all the other regional circuits, and has frequently decided appeals the least swiftly. The 2016 election returns indicate that more confirmations will be necessary due to additional court members’ probable retirement or assumption of senior status during President Trump’s administration. Striking politicization could frustrate this effort, however. Soon after the inauguration, President Trump signed a novel executive order proscribing U.S. …


"Greatest Good Of The Greatest Number In The Long Run": Tr, Pinchot, And The Origins Of Sustainability In America, Charles Wilkinson Jan 2015

"Greatest Good Of The Greatest Number In The Long Run": Tr, Pinchot, And The Origins Of Sustainability In America, Charles Wilkinson

Publications

No abstract provided.


Executive Privilege: The Clinton Administration In The Courts, Neil Kinkopf Oct 2014

Executive Privilege: The Clinton Administration In The Courts, Neil Kinkopf

Neil J. Kinkopf

Exploring the role of the judicial branch of the federal government in Clinton-era executive privilege claims, Neil Kinkopf suggests that courts have misunderstood executive privilege. Professor Kinkopf points out that federal courts have given different treatment to executive privilege claims asserted in judicial and congressional arenas, protecting the Judiciary from encroachment by the executive branch, while avoiding becoming involved in controversies among the political branches. He argues that the judicial confusion about executive privilege stems from the fact that courts have interpreted cases such as Clinton v. Jones to be about the separation of powers between the executive and judicial …


The President Over The Public: The Plebiscitary Presidency At Center Stage, Lori Cox Han Jan 2006

The President Over The Public: The Plebiscitary Presidency At Center Stage, Lori Cox Han

Political Science Faculty Books and Book Chapters

"In this chapter, I will address the question of the usefulness of the public presidency in the current political environment (that is, can a president’s communication strategy make a difference in terms of what he achieves), as well as the constitutional danger, if any, posed by a president’s attempt at public leadership. Has the public presidency, and its focus on the public aspects of the office, thrown the constitutional balance of power between the three branches out of balance? Does the president really gain political power within the constitutional framework of our government if he is a skilled and effective …


New Strategies For An Old Medium: The Weekly Radio Addresses Of Reagan And Clinton, Lori Cox Han Jan 2006

New Strategies For An Old Medium: The Weekly Radio Addresses Of Reagan And Clinton, Lori Cox Han

Political Science Faculty Articles and Research

"While a rich literature exists on presidential communications (including the public/rhetorical presidency and the presidential/press relationship), only recently have presidential scholars begun to analyze weekly radio addresses as an important primary unit of analysis (Rowland and Jones 2002; Sigelman and Whissell 2002a, 2002b). This article analyzes how the use of radio has fit into the overall development of White House communication strategies during the television age, and takes an in-depth look at how Reagan and Clinton used weekly radio addresses to communicate with both the American public and the news media. Specifically, the issues considered here include the strategy development …


Life After The White House: The Public Post-Presidency And The Development Of Presidential Legacies, Lori Cox Han, Matthew J. Krov Jan 2005

Life After The White House: The Public Post-Presidency And The Development Of Presidential Legacies, Lori Cox Han, Matthew J. Krov

Political Science Faculty Books and Book Chapters

"This chapter considers two distinct yet related issues: First, we examine the role that continuing press coverage of a former president plays in the development of a presidential legacy; and second, we consider the impact of Clinton’s lingering presence in the news media in the first year after he left office and how that has shaped the early phase of his legacy. While the historical rankings and public approval ratings of former presidents can and do shift—sometimes dramatically—in the years after leaving office, news coverage during the first year can be important in setting a tone as to how the …


The Legacy Of The Bush Ii Administration In Natural Resources: A Work In Progress, David H. Getches Jan 2005

The Legacy Of The Bush Ii Administration In Natural Resources: A Work In Progress, David H. Getches

Publications

No abstract provided.


Out Of Office And In The News: Early Projections Of The Clinton Legacy, Lori Cox Han, Matthew J. Krov Dec 2003

Out Of Office And In The News: Early Projections Of The Clinton Legacy, Lori Cox Han, Matthew J. Krov

Political Science Faculty Articles and Research

During the first year after a president has left office, the tone and topic of news media coverage can influence a legacy greatly. This study examines coverage of Bill Clinton during his first year out of office in the New York Times and on network news shows and compares this coverage to that of Ronald Reagan and George Bush during their first years out of office. We find that Clinton received substantially more news coverage during the first year out of office than did either Reagan or Bush, and that Clinton's coverage in the media was also more critical and …


Appellate Judicial Appointments During The Clinton Presidency: An Inside Perspective, Sarah Wilson Apr 2003

Appellate Judicial Appointments During The Clinton Presidency: An Inside Perspective, Sarah Wilson

The Journal of Appellate Practice and Process

No abstract provided.


The Paradox Of Presidential Popularity, With An Emphasis On Rhetoric, Amanda Wiley Jan 2003

The Paradox Of Presidential Popularity, With An Emphasis On Rhetoric, Amanda Wiley

Honors Theses

This study considers how President Bill Clinton maintained consistently high levels of public support in the face of the incessant scandals that plagued his presidency. It is my assessment that it is the nature of the presidency, Clinton's political skill, the economic environment during his terms, Clinton's rhetoric, and his personality that made his survival possible. I will place special emphasis on the areas of Clinton's personality and rhetoric as the key components for this explanation, both because I feel these characteristics are most relevant to my study and the most unexplored.


Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt Jan 2001

Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Executive Privilege: The Clinton Administration In The Courts, Neil Kinkopf Apr 2000

Executive Privilege: The Clinton Administration In The Courts, Neil Kinkopf

William & Mary Bill of Rights Journal

Exploring the role of the judicial branch of the federal government in Clinton-era executive privilege claims, Neil Kinkopf suggests that courts have misunderstood executive privilege. Professor Kinkopf points out that federal courts have given different treatment to executive privilege claims asserted in judicial and congressional arenas, protecting the Judiciary from encroachment by the executive branch, while avoiding becoming involved in controversies among the political branches. He argues that the judicial confusion about executive privilege stems from the fact that courts have interpreted cases such as Clinton v. Jones to be about the separation of powers between the executive and judicial …


The Special Constitutional Structure Of The Federal Impeachment Process, Michael J. Gerhardt Jan 2000

The Special Constitutional Structure Of The Federal Impeachment Process, Michael J. Gerhardt

Faculty Publications

No abstract provided.


The Perils Of Presidential Impeachment, Michael J. Gerhardt Jan 2000

The Perils Of Presidential Impeachment, Michael J. Gerhardt

Faculty Publications

No abstract provided.


The Historical And Constitutional Significance Of The Impeachment And Trial Of President Clinton, Michael J. Gerhardt Jan 1999

The Historical And Constitutional Significance Of The Impeachment And Trial Of President Clinton, Michael J. Gerhardt

Faculty Publications

No abstract provided.


The Effect Of Presidential Pardons On Disclosure Of Information: Is Our Cynicism Justified?, Charles D. Berger Jan 1999

The Effect Of Presidential Pardons On Disclosure Of Information: Is Our Cynicism Justified?, Charles D. Berger

Oklahoma Law Review

No abstract provided.