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Full-Text Articles in Law
The Rule Of (Administrative) Law In International Law, David Dyzenhaus
The Rule Of (Administrative) Law In International Law, David Dyzenhaus
Law and Contemporary Problems
No abstract provided.
White (House) Lies: Why The Public Must Compel The Courts To Hold The President Accountable For National Security Abuses, Eric K. Yamamoto
White (House) Lies: Why The Public Must Compel The Courts To Hold The President Accountable For National Security Abuses, Eric K. Yamamoto
Law and Contemporary Problems
The warning of a threat to national security has been used throughout US history as a means for the US government to execute repressive actions. Even today, the judiciary must take responsibility for defending citizens against such potential abuses by the executive branch.
Functional Departmentalism And Nonjudicial Interpretation: Who Determines Constitutional Meaning?, Dawn E. Johnsen
Functional Departmentalism And Nonjudicial Interpretation: Who Determines Constitutional Meaning?, Dawn E. Johnsen
Law and Contemporary Problems
Johnsen examines the roles of nonjudicial entities--especially the Congress and the president--in the development of constitutional meaning. Although the other two branches are fearful of challenging judiciary supremacy, functional departmentalism may offer a certain degree of autonomy from the Court.
Comment On Ferejohn’S “Judicializing Politics, Politicizing Law”, Michael C. Munger
Comment On Ferejohn’S “Judicializing Politics, Politicizing Law”, Michael C. Munger
Law and Contemporary Problems
Munger comments on John Ferejohn's recent article in which Ferejohn examines some key issues raised by the exercise of legislative power by the judicial branch. Ferejohn claims that Americans have chosen to accept the judicialization of politics, leaving the courts the option of exercising power inappropriately. Munger argues that while the courts do have power, they forebear from exercising it for long periods of time.
Presidents And The Politics Of Structure, Terry M. Moe, Scott A. Wilson
Presidents And The Politics Of Structure, Terry M. Moe, Scott A. Wilson
Law and Contemporary Problems
The presidency is discussed in order to bring it more squarely within the terrain of positive theory by presenting it as a well-developed, nuanced and powerful institution in its own right. Political issues that have a direct bearing on the institutional balance of power are theoretically analyzed.
Constitutional Review By The Executive In Foreign Affairs And War Powers: A Consequence Of Rational Choice In The Separation Of Powers, John O. Mcginnis
Constitutional Review By The Executive In Foreign Affairs And War Powers: A Consequence Of Rational Choice In The Separation Of Powers, John O. Mcginnis
Law and Contemporary Problems
A model of institutional rational choice is presented to describe the actual practice of the separation of powers, and the model is illuminated by examining the accommodation in the foreign policy and war powers area and the manner in which it reflects the balance of interests among the branches.
Checks Without Balance: Executive Office Oversight Of The Environmental Protection Agency, Robert V. Percival
Checks Without Balance: Executive Office Oversight Of The Environmental Protection Agency, Robert V. Percival
Law and Contemporary Problems
The tension between the rule of law and the politics of regulation reflected in oversight by the Executive Office of the President of the EPA. The presidential use of regulatory review and the congressional responses it has provoked pose new challenges to theories of the impact of separation of powers on federal policymaking.
Sagebrush And Snowshoes: The Struggle For Natural Resource Control In The United States And Canada, Gretchen E. Nagy
Sagebrush And Snowshoes: The Struggle For Natural Resource Control In The United States And Canada, Gretchen E. Nagy
Law and Contemporary Problems
No abstract provided.