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Articles 1 - 30 of 38
Full-Text Articles in Law
Congressional Oversight Of Modern Warfare: History, Pathologies, And Proposals For Reform, Oona A. Hathaway, Tobias Kuehne, Randi Michel, Nicole Ng
Congressional Oversight Of Modern Warfare: History, Pathologies, And Proposals For Reform, Oona A. Hathaway, Tobias Kuehne, Randi Michel, Nicole Ng
William & Mary Law Review
Despite significant developments in the nature of twenty-first century warfare, Congress continues to employ a twentieth century oversight structure. Modern warfare tactics, including cyber operations, drone strikes, and special operations, do not neatly fall into congressional committee jurisdictions. Counterterrorism and cyber operations, which are inherently multi-jurisdictional and highly classified, illustrate the problem. In both contexts, over the past several years Congress has addressed oversight shortcomings by strengthening its reporting requirements, developing relatively robust oversight regimes. But in solving one problem, Congress has created another: deeply entrenched information silos that inhibit the sharing of information about modern warfare across committees. This …
Co-Parenting War Powers: Congress's Authority To Escalate Conflicts, Russell A. Spivak
Co-Parenting War Powers: Congress's Authority To Escalate Conflicts, Russell A. Spivak
West Virginia Law Review
This article argues that Congress has the ability to force a President to escalate military intervention when he is otherwise unwilling to do so. The article begins by exploring the constitutional powers at Congress's disposal-the Declare War Clause, the Taxing and Spending Clause, and the Commander-in-Chief Clause-and their historical application. It then establishes that, under Justice Jackson's Youngstown framework, the Executive would be acting in Category Three, meaning that the President may "rely only upon his own constitutional powers minus any constitutional powers of Congress over the matter." Citing multiple Article I clauses, this article argues that Executive action in …
Standing, Politics, And Exhaustion: A Response To Legislative Exhaustion, Heather Elliott
Standing, Politics, And Exhaustion: A Response To Legislative Exhaustion, Heather Elliott
William & Mary Law Review Online
Professor Michael Sant’Ambrogio’s article, Legislative Exhaustion, usefully approaches the problem of “legislative standing” by abandoning the typical Article III standing analysis and making instead a separation-of-powers argument. His theory—that Congress may sue the President only when it has no legislative avenue for addressing its problems—provides both a workable account of and a limiting principle for suits by the legislative branch against the executive. His analysis, however, raises questions regarding the effect of legislative lawsuits on the constitutional balance of powers. This Essay suggests that these questions should be more fully explored before Professor Sant’Ambrogio’s approach can be adopted. It concludes …
Dictation And Delegation In Securities Regulation, Usha Rodrigues
Dictation And Delegation In Securities Regulation, Usha Rodrigues
Indiana Law Journal
When Congress undertakes major financial reform, either it dictates the precise con-tours of the law itself or it delegates the bulk of the rule making to an administrative agency. This choice has critical consequences. Making the law self-executing in federal legislation is swift, not subject to administrative tinkering, and less vulnerable than rule making to judicial second-guessing. Agency action is, in contrast, deliberate, subject to ongoing bureaucratic fiddling, and more vulnerable than statutes to judicial challenge.
This Article offers the first empirical analysis of the extent of congressional delegation in securities law from 1970 to the present day, examining nine …
Scrutinizing Federal Electoral Qualifications, Derek T. Muller
Scrutinizing Federal Electoral Qualifications, Derek T. Muller
Indiana Law Journal
Candidates for federal office must meet several constitutional qualifications. Sometimes, whether a candidate meets those qualifications is a matter of dispute. Courts and litigants often assume that a state has the power to include or exclude candidates from the ballot on the basis of the state’s own scrutiny of candidates’ qualifications. Courts and litigants also often assume that the matter is not left to the states but to Congress or another political actor. But those contradictory assumptions have never been examined, until now.
This Article compiles the mandates of the Constitution, the precedents of Congress, the practices of states administering …
The Medical Device Excise Tax: An Unfair Burden, Elizabeth M. Bolka
The Medical Device Excise Tax: An Unfair Burden, Elizabeth M. Bolka
Indiana Law Journal
No abstract provided.
Environmental Law Outside The Canon, Todd S. Aagaard
Environmental Law Outside The Canon, Todd S. Aagaard
Indiana Law Journal
It is time to rethink the domination of environmental law by a canon of major federal statutes enacted in the 1970s. Environmental law is in a malaise. Despite widespread agreement that existing laws are inadequate to address current environmental problems, Congress has not passed a major environmental statute in more than twenty years. If it is to succeed, the environmental law of this new century may need to evolve into something that looks quite different than the extant environmental law canon. The next generation of environmental laws must be viable for creation and implementation even in an antagonistic political climate; …
Ending The Silence: Shareholder Derivative Suits And Amending The Dodd-Frank Act So "Say On Pay" Votes May Be Heard In The Boardroom, William Alan Nelson Ii
Ending The Silence: Shareholder Derivative Suits And Amending The Dodd-Frank Act So "Say On Pay" Votes May Be Heard In The Boardroom, William Alan Nelson Ii
University of Miami Business Law Review
No abstract provided.
Renewing The Chase: The First Amendment, Campaign Advertisements, And The Goal Of An Informed Citizenry, John Stewart Fleming
Renewing The Chase: The First Amendment, Campaign Advertisements, And The Goal Of An Informed Citizenry, John Stewart Fleming
Indiana Law Journal
No abstract provided.
Merit Pay And Pain: Linking Congressional Pay To Performance, Jonathan D. Mcpike
Merit Pay And Pain: Linking Congressional Pay To Performance, Jonathan D. Mcpike
Indiana Law Journal
No abstract provided.
Facial Challenges And Separation Of Powers, Luke Meier
Facial Challenges And Separation Of Powers, Luke Meier
Indiana Law Journal
No abstract provided.
Eliminating Earmarks: Why The Congressional Line Item Vote Can Succeed Where The Presidential Line Item Veto Failed, Jason Iuliano
Eliminating Earmarks: Why The Congressional Line Item Vote Can Succeed Where The Presidential Line Item Veto Failed, Jason Iuliano
West Virginia Law Review
No abstract provided.
Steroid Testing Policies In Professional Sports: Regulated By Congress Or The Responsibility Of The Leagues?, Brent D. Showalter
Steroid Testing Policies In Professional Sports: Regulated By Congress Or The Responsibility Of The Leagues?, Brent D. Showalter
Marquette Sports Law Review
No abstract provided.
Congress And Terri Schiavo: A Primer On The American Constitutional Order, Michael P. Allen
Congress And Terri Schiavo: A Primer On The American Constitutional Order, Michael P. Allen
West Virginia Law Review
No abstract provided.
War Powers: What Are They Good For?: Congressional Disapproval Of The President's Military Actions And The Merits Of A Congressional Suit Against The President, Andrew D. Lemar
Indiana Law Journal
No abstract provided.
In Defense Of Title Ix: Why Current Policies Are Required To Ensure Equality Of Opportunity, Jocelyn Samuels, Kristen Galles
In Defense Of Title Ix: Why Current Policies Are Required To Ensure Equality Of Opportunity, Jocelyn Samuels, Kristen Galles
Marquette Sports Law Review
No abstract provided.
Aside The Aside: The True Precedent Of Baseball In Law: Law The Residue Of Luck - Or, Who's Not On First?, Eldon L. Ham
Aside The Aside: The True Precedent Of Baseball In Law: Law The Residue Of Luck - Or, Who's Not On First?, Eldon L. Ham
Marquette Sports Law Review
No abstract provided.
Icann't Do It Alone: The Internet Corporation For Assigned Names And Numbers And Content-Based Problems On The Internet, Peter T. Holsen
Icann't Do It Alone: The Internet Corporation For Assigned Names And Numbers And Content-Based Problems On The Internet, Peter T. Holsen
Marquette Intellectual Property Law Review
Mr. Holsen discusses the history and development of the Internet Corporation for Assigned Names and Numbers (ICANN), which is a non-profit corporation that privately manages the Internet. He asserts that United States law does not properly support ICANN in its mission to solve the complex problems facing the Internet. One of the most important issues facing the Internet is the fact that adult-orientated materials are commonly and easily accessed by young children. Mr. Holsen feels that Congress needs to set standards by which ICANN can better categorize the adult materials on the Internet, but at the same time not infringe …
Invoking Executive Privilege: Navigating Ticklish Political Waters, Louis Fisher
Invoking Executive Privilege: Navigating Ticklish Political Waters, Louis Fisher
William & Mary Bill of Rights Journal
In this Article, Louis Fisher acknowledges the constitutional legitimacy of executive privilege, but he argues that legal and political limits render the scope of the privilege narrower than what is commonly believed In support of his argument, he points to early precedents set during the Washington Administration and to congressional leverage over the executive branch. Though he recognizes the executive branch's interest in ensuring that information is disclosed through authorized channels and its concern about disclosures of information that may embarrass the administration or one of its agency's, he asserts that there is no legal or constitutionaI justification for concealing …
Enumerated Limits, Normative Principles, And Congressional Overstepping: Why The Civil Rights Provision Of The Violence Against Women Act Is Unconstitutional, Troy Robert Rackham
Enumerated Limits, Normative Principles, And Congressional Overstepping: Why The Civil Rights Provision Of The Violence Against Women Act Is Unconstitutional, Troy Robert Rackham
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Keeping The Promise: Establishing Nontransferable Election Systems In Jurisdictions Covered By Section Four Of The Voting Rights Act., Adam J. Cohen
Keeping The Promise: Establishing Nontransferable Election Systems In Jurisdictions Covered By Section Four Of The Voting Rights Act., Adam J. Cohen
St. Mary's Law Journal
Jurisdictions covered by the Voting Rights Act (VRA or the Act) need to impose multimember districting and non-transferable election systems. The VRA was enacted in 1965 to enforce the promise of the Fifteenth Amendment to the United States Constitution: the right to vote shall not be abridged on the basis of race. The Act requires any change in election procedures to be approved in advance so that states are not able to continuously disenfranchise voters based on race by simply changing election procedures. Either the District Court for the District of Columbia or the Attorney General of the United States …
How Not To Challenge The Court, Neal Devins
How Not To Challenge The Court, Neal Devins
William & Mary Law Review
No abstract provided.
The Federalism Implications Of Flores, Stephen Gardbaum
The Federalism Implications Of Flores, Stephen Gardbaum
William & Mary Law Review
No abstract provided.
The Religious Freedom Restoration Act Is A Constitutional Expansion Of Rights, Erwin Chemerinsky
The Religious Freedom Restoration Act Is A Constitutional Expansion Of Rights, Erwin Chemerinsky
William & Mary Law Review
No abstract provided.
Two Section Twos And Two Section Fives: Voting Rights And Remedies After Flores, Pamela S. Karlan
Two Section Twos And Two Section Fives: Voting Rights And Remedies After Flores, Pamela S. Karlan
William & Mary Law Review
No abstract provided.
Rfra, David P. Currie
Two Versions Of Judicial Supremacy, Mark Tushnet
Two Versions Of Judicial Supremacy, Mark Tushnet
William & Mary Law Review
No abstract provided.
City Of Boerne V. Flores: A Landmark For Structural Analysis, Marci A. Hamilton
City Of Boerne V. Flores: A Landmark For Structural Analysis, Marci A. Hamilton
William & Mary Law Review
No abstract provided.
Old Wars/New Wars, Peter J. Spiro
The Law Of Piracy: Appendices, Alfred P. Rubin
The Law Of Piracy: Appendices, Alfred P. Rubin
International Law Studies
No abstract provided.