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Articles 421 - 428 of 428
Full-Text Articles in Law
The Judiciary And Presidential Power In Foreign Affairs: A Critique, David Gray Adler
The Judiciary And Presidential Power In Foreign Affairs: A Critique, David Gray Adler
Richmond Public Interest Law Review
The aim of the first section is to examine the judiciary's contribution to executive hegemony in the area of foreign affairs as manifested in Supreme Court rulings regarding executive agreements, travel abroad, the war power, and treaty termination. In the second section of this article, I provide a brief explanation of the policy underlying the Constitutional Convention's allocation of foreign affairs powers and argue that those values are as relevant and compelling today as they were two centuries ago. In the third section, I contend that a wide gulf has developed in the past fifty years between constitutional theory and …
Jones V. Clinton:Reconsidering Presidential Immunity, Amy Marshall
Jones V. Clinton:Reconsidering Presidential Immunity, Amy Marshall
Richmond Public Interest Law Review
Part I sets out the basic concepts of immunity, both absolute and qualified, and proceeds to provide the relevant historical precedent regarding legislative, judicial, and executive immunity. The discussion regarding executive immunity covers Supreme Court precedent from 1895 to the watershed case of Nixon v. Fitzgerald in 1982. Part I focuses on Nixon v. Fitzgerald because both the district court and the court of appeals rely most heavily on this case in their respective opinions in Jones v. Clinton. Part II discusses the district court and the court of appeals opinions in Jones v. Clinton. Part III presents the argument …
Jones V. Clinton And Presidential Immunity, Braxton Hill
Jones V. Clinton And Presidential Immunity, Braxton Hill
Richmond Public Interest Law Review
On May 6, 1994, Paula Corbin Jones set in motion events that could alter the legal status of the office of the President of the United States. Ms. Jones filed a lawsuit against William Jefferson Clinton, the sitting President, because of sexual improprieties he allegedly committed while serving as Governor of Arkansas. As of January 1996, the case had already worked its way up the judicial ladder from the trial court to the first appellate level. Jones v. Clinton is poised to come before the United States Supreme Court, which could address unexplored areas of presidential jurisprudence--the body of legal …
Executive/Congressional Liason In A Post Cold War Era, Anthony J. Eksterowicz, Glenn P. Hastedt
Executive/Congressional Liason In A Post Cold War Era, Anthony J. Eksterowicz, Glenn P. Hastedt
Richmond Public Interest Law Review
While it is true that presidents can and will attempt to practice domination of the Congress when making public policy, the nature of the new environment makes it less likely that they will regularly succeed. Because of the complexity of issues, there is a need to revisit the mechanics of executive/legislative liaisons in this new era. This essay represents such an attempt. First, we examine the changes that impact presidential policy-making in the post-Cold War era. Second, we review the ongoing debate in presidential literature concerning executive dominance over the Congress. Third, we briefly examine the modern history of presidential/congressional …
The U.S. Presidency: Fostering Global Free Trade Through Minilateral Free Trade Agreeements With Germany And Japan, J.R. Smith
Richmond Public Interest Law Review
The U.S. Presidency: Fostering Global Free Trade Through Minilateral Free Trade Agreements with Germany and Japan argues that global free trade will be better served by agreements of substance among fewer countries than by agreements of form among many countries. Specifically, the article addresses problems with the General Agreement on Tariffs and Trade (GATT) and argues that the goal of global free trade is more easily achieved through bilateral agreements between the United States and Germany, and the United States and Japan. The article concludes that such bilateral agreements, and the ultimate goal of global free trade, can be realized …
Editorial Notes, Robert D. Gehringer
Editorial Notes, Robert D. Gehringer
Richmond Public Interest Law Review
The Editorial Board notes the remarkable evolution of the American Presidency during the twentieth century.
Foreign Policy: Can The President Act Alone?Gaps And Conflicts In The Constitutional Grants Of Power, Dana C. Makielski
Foreign Policy: Can The President Act Alone?Gaps And Conflicts In The Constitutional Grants Of Power, Dana C. Makielski
Richmond Public Interest Law Review
The Framers did not intend the Constitution to be an all-inclusive "bill of lading," for we cannot forget John Marshall's famous admonition "that it is a constitution we are expounding."' Nonetheless, there are many large gaps and conflicts in the allocation of power among the three branches, most in the area of foreign relations, that have caused serious problems for our nation's leaders and constitutional scholars over the past two centuries. How have our presidents reacted? Certainly the President can and has acted on his own in negotiating, enacting, and implementing foreign policy, despite the lack of any express executive …
From The Covenant To The Contract:Rhetoric And Meaning In The American Presidency, Dean C. Hammer
From The Covenant To The Contract:Rhetoric And Meaning In The American Presidency, Dean C. Hammer
Richmond Public Interest Law Review
My concern here is not with explaining why the "New Covenant" failed to capture the political imagination of the electorate; rather, my interest lies in how the covenant as a political symbol was analyzed by both the media and scholarship. My suggestion is that this treatment is itself symbolic of a far deeper dilemma that faces not only President Clinton but also future presidents. The problem is this: at the same time that the public turns increasingly to the President to provide a "vision" of a common purpose and direction to government and society, the articulation of that vision rests …