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Full-Text Articles in Law
Trust Or Profit: How Military Officers Are Bound By The Constitution, Michael C. Mcnerney
Trust Or Profit: How Military Officers Are Bound By The Constitution, Michael C. Mcnerney
Michael C McNerney
This paper examines the ability of reserve and active duty military officers to serve in certain political offices, such as Congress and the Electoral College. The seminal case on this issue, U.S. v. Lane, dealt with a U.S. senator who served as a reserve military judge. In deciding the case, the Court of Appeals for the Armed Forces only stated that a member of Congress may not also serve as a judge, but did not reach the ultimate issue of concurrent military service. This paper will attempt to show in exactly which political offices military officers may serve. In making …
Trust Or Profit: How Both Active Duty And Reserve Military Officers Are Bound By The Constitution, Michael C. Mcnerney
Trust Or Profit: How Both Active Duty And Reserve Military Officers Are Bound By The Constitution, Michael C. Mcnerney
Michael C McNerney
This Comment examines the constitutional barriers that constrain military officers from holding certain public offices. Included is an examination of the Emoluments Clause, Incompatability Clause, and several seminal cases.
Against Gridlock: The Viability Of Interest-Based Legislative Negotiation, Gregory Brazeal
Against Gridlock: The Viability Of Interest-Based Legislative Negotiation, Gregory Brazeal
Gregory Brazeal
Early evaluations of the Obama administration have often focused on the administration’s legislative negotiation strategies. But these discussions have largely neglected the distinction between two basic types of negotiation recognized in the professional negotiation literature: positional (or hard-bargaining) negotiation, and interest-based (or principled) negotiation. The former attempts to secure the maximum share of a fixed amount of value by adopting an extreme position, knowing that it will not be accepted, and then using a combination of guile, bluffing, and brinksmanship to cede as little as possible before reaching a deal. The latter, which President Obama has practiced since at least …