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Duke Law Journal

Executive power

Articles 1 - 16 of 16

Full-Text Articles in Law

Correcting Mandatory Injustice: Judicial Recommendation Of Executive Clemency, Joanna M. Huang Oct 2010

Correcting Mandatory Injustice: Judicial Recommendation Of Executive Clemency, Joanna M. Huang

Duke Law Journal

In 1987, the United States political and social systems lost trust in the judiciary and severely limited its authority by enacting the mandatory Federal Sentencing Guidelines. During this period, many judges were forced to impose sentences they viewed as unjust. Trust in the judiciary was restored in 2005, when United States v. Booker made the Sentencing Guidelines advisory. Despite the increase in judicial discretion, however, judges are still unable to correct sentences imposed during the intervening eighteen years because Booker does not apply retroactively. Unfortunately, the executive and legislative branches are similarly unable to provide adequate remedies. Congressional action is …


Administration Of War, John Yoo May 2009

Administration Of War, John Yoo

Duke Law Journal

No abstract provided.


Comment On Professor Yoo, Administration Of War, Richard H. Kohn May 2009

Comment On Professor Yoo, Administration Of War, Richard H. Kohn

Duke Law Journal

No abstract provided.


Of Treaties And Torture: How The Supreme Court Can Restrain The Executive, Jeffrey C. Goldman Dec 2005

Of Treaties And Torture: How The Supreme Court Can Restrain The Executive, Jeffrey C. Goldman

Duke Law Journal

No abstract provided.


Congressional Access To Information: Using Legislative Will And Leverage, Louis Fisher Nov 2002

Congressional Access To Information: Using Legislative Will And Leverage, Louis Fisher

Duke Law Journal

No abstract provided.


Terrorism On Trial: The President’S Constitutional Authority To Order The Prosecution Of Suspected Terrorists By Military Commission, Christopher M. Evans Apr 2002

Terrorism On Trial: The President’S Constitutional Authority To Order The Prosecution Of Suspected Terrorists By Military Commission, Christopher M. Evans

Duke Law Journal

No abstract provided.


Regulatory Review By The Executive Office Of The President: An Overview And Policy Analysis Of Current Issues, James F. Blumstein Dec 2001

Regulatory Review By The Executive Office Of The President: An Overview And Policy Analysis Of Current Issues, James F. Blumstein

Duke Law Journal

No abstract provided.


Presidential Management Of The Administrative State: The Not-So-Unitary Executive, Robert V. Percival Dec 2001

Presidential Management Of The Administrative State: The Not-So-Unitary Executive, Robert V. Percival

Duke Law Journal

No abstract provided.


Presidential Review As Constitutional Restoration, John O. Mcginnis Dec 2001

Presidential Review As Constitutional Restoration, John O. Mcginnis

Duke Law Journal

No abstract provided.


Vacant Reform: Why The Federal Vacancies Reform Act Of 1998 Is Unconstitutional, Joshua L. Stayn Mar 2001

Vacant Reform: Why The Federal Vacancies Reform Act Of 1998 Is Unconstitutional, Joshua L. Stayn

Duke Law Journal

No abstract provided.


Presidential Prerogative Under The Constitution To Deploy U.S. Military Forces In Low-Intensity Conflict, Mark T. Uyeda Feb 1995

Presidential Prerogative Under The Constitution To Deploy U.S. Military Forces In Low-Intensity Conflict, Mark T. Uyeda

Duke Law Journal

No abstract provided.


Management, Control, And The Dilemmas Of Presidential Leadership In The Modern Administrative State, Daniel B. Rodriguez Apr 1994

Management, Control, And The Dilemmas Of Presidential Leadership In The Modern Administrative State, Daniel B. Rodriguez

Duke Law Journal

No abstract provided.


The President’S Power Of The Purse, J. Gregory Sidak Nov 1989

The President’S Power Of The Purse, J. Gregory Sidak

Duke Law Journal

No abstract provided.


Executive Order 12,333: An Assessment Of The Validity Of Warrantless National Security Searches, David S. Eggert Jun 1983

Executive Order 12,333: An Assessment Of The Validity Of Warrantless National Security Searches, David S. Eggert

Duke Law Journal

No abstract provided.


The Separation Of Powers Under Nixon: Reflections On Constitutional Liberties And The Rule Of Law, Peter E. Quint Feb 1981

The Separation Of Powers Under Nixon: Reflections On Constitutional Liberties And The Rule Of Law, Peter E. Quint

Duke Law Journal

No abstract provided.


Presidential Power Over Federal Contracts Under The Federal Property And Administrative Services Act: The Close Nexus Test Of Afl-Cio V. Kahn, Kimberley A. Egerton Feb 1980

Presidential Power Over Federal Contracts Under The Federal Property And Administrative Services Act: The Close Nexus Test Of Afl-Cio V. Kahn, Kimberley A. Egerton

Duke Law Journal

No abstract provided.