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Articles 1 - 7 of 7
Full-Text Articles in Law
Head Of State Immunity As Sole Executive Lawmaking, Lewis S. Yelin
Head Of State Immunity As Sole Executive Lawmaking, Lewis S. Yelin
Vanderbilt Journal of Transnational Law
At the request of the Executive Branch, courts routinely dismiss private suits against sitting heads of foreign states. Congress has never delegated authority to the Executive Branch to identify principles governing head of state immunity. The courts' practice thus appears inconsistent with the conventional view that the Executive Branch lacks authority to affect private rights unless authorized by Congress to do so. This Article argues that the Executive Branch's practice of determining head of state immunity is an example of sole executive lawmaking, deriving from the President's constitutional responsibility as the only authorized representative of the United States in its …
The Constitutional Politics Of Presidential Succession, Richard Albert
The Constitutional Politics Of Presidential Succession, Richard Albert
Hofstra Law Review
The current line of presidential succession is no safer than playing presidential roulette. It imprudently privileges politics and tradition over competence and leadership. We should rethink the rules that currently govern succession to the Presidency – legal and constitutional rules that, in my view, serve the wrong institutional and political interests. The task I have given myself in these pages is to propose and defend an alternative to the current presidential succession regime: revising the order of succession to insert former living presidents – in reverse chronological order of service beginning with former presidents of the same party as the …
Business Interests Cases - October 2009 Term, Leon D. Lazer Honorable, Leon Friedman
Business Interests Cases - October 2009 Term, Leon D. Lazer Honorable, Leon Friedman
Touro Law Review
No abstract provided.
Finding Sigtarp In The Separation Of Powers Labyrinth, Jonathan R. Siegel
Finding Sigtarp In The Separation Of Powers Labyrinth, Jonathan R. Siegel
Washington and Lee Law Review
No abstract provided.
Sigtarp: A Problem In Name Only?, Adam F. Scales
Sigtarp: A Problem In Name Only?, Adam F. Scales
Washington and Lee Law Review
No abstract provided.
Sigtarp And The Executive-Legislative Clash: Confronting A Bowsher Issue With An Eye Toward Preserving The Separation Of Powers During Future Crisis Legislation, Aaron R. Sims
Washington and Lee Law Review
No abstract provided.
Limiting Legislative Courts: Protecting Article Iii From Article I Evisceration, Kenneth G. Coffin
Limiting Legislative Courts: Protecting Article Iii From Article I Evisceration, Kenneth G. Coffin
Barry Law Review
This article will analyze possible limitations on Congress’ Article I power, concluding that separation of powers jurisprudence offers a practical and appropriate manner in which to check Congressional overreach. Part I traces the development of Congress’ power to create Article I courts. Part II critically evaluates the Northern Pipeline opinions, ultimately finding neither Justice Brennan’s nor Justice White’s conflicting opinions satisfactory. Part III briefly discusses several possible limiting principles on Article I courts before concluding that separation of powers jurisprudence offers a meaningful and pragmatic solution to the problem. Part IV tests the practicality of this new separation of powers …