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Cornell Law Review

Journal

Separation of powers

Articles 1 - 9 of 9

Full-Text Articles in Law

Executive Privilege - With A Catch: How A Crime-Fraud Exception To Executive Privilege Would Facilitate Congressional Oversight Of Executive Branch Malfeasance In Accordance With The Constitution's Separation Of Powers, Anthony W. Wassef May 2020

Executive Privilege - With A Catch: How A Crime-Fraud Exception To Executive Privilege Would Facilitate Congressional Oversight Of Executive Branch Malfeasance In Accordance With The Constitution's Separation Of Powers, Anthony W. Wassef

Cornell Law Review

A crime-fraud exception to assertions of executive privilege in response to congressional subpoenas would help level the playing field between the two branches in those moments when Congress is most needed to serve as a check and balance on the executive branch. A crime-fraud exception would signal to executive branch officials that executive privilege will not conceal their malfeasance; would counteract hyperpartisanship as a force that insulates executive branch officials from the consequences of their actions; and would rein in the expansive reach of protective assertions of executive privilege. For years, Congress has surrendered power to the executive branch. A …


Reconsidering Fec V. Nra Political Victory Fund Through A Bolstered Functionalism , Peter S. Guryan Sep 1996

Reconsidering Fec V. Nra Political Victory Fund Through A Bolstered Functionalism , Peter S. Guryan

Cornell Law Review

No abstract provided.


Justiciability And Separation Of Powers: A Neo-Federalist Approach , Robert J. Pushaw Jr. Jan 1996

Justiciability And Separation Of Powers: A Neo-Federalist Approach , Robert J. Pushaw Jr.

Cornell Law Review

No abstract provided.


Mistakes Precedent And The Rise Of The Administrative State: Toward A Constitutional Theory Of The Second Best , Peter B. Mccutchen Nov 1994

Mistakes Precedent And The Rise Of The Administrative State: Toward A Constitutional Theory Of The Second Best , Peter B. Mccutchen

Cornell Law Review

No abstract provided.


One Person One Office: Separation Of Powers Or Separation Of Personnel , Steven G. Calabresi, Joan L. Larsen Jul 1994

One Person One Office: Separation Of Powers Or Separation Of Personnel , Steven G. Calabresi, Joan L. Larsen

Cornell Law Review

No abstract provided.


Governmental Functions And Constitutional Doctrine The Historical Constitution , Russell K. Osgood Mar 1987

Governmental Functions And Constitutional Doctrine The Historical Constitution , Russell K. Osgood

Cornell Law Review

No abstract provided.


Contemporary Debate About Legislative-Executive Separation Of Powers , Thomas O. Sargentich Mar 1987

Contemporary Debate About Legislative-Executive Separation Of Powers , Thomas O. Sargentich

Cornell Law Review

No abstract provided.


Formal And Functional Approaches To Separation Of Powers Questions A Foolish Inconsistency , Peter L. Strauss Mar 1987

Formal And Functional Approaches To Separation Of Powers Questions A Foolish Inconsistency , Peter L. Strauss

Cornell Law Review

No abstract provided.


Theory Of Legislative Delegation, Peter H. Aranson, Ernest Gellhorn, Glen O. Robinson Nov 1982

Theory Of Legislative Delegation, Peter H. Aranson, Ernest Gellhorn, Glen O. Robinson

Cornell Law Review

No abstract provided.