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Full-Text Articles in Law
Legal Ethics After Babel, Thomas L. Shaffer
Law Enforcement And The Separation Of Powers, Gerard V. Bradley
Law Enforcement And The Separation Of Powers, Gerard V. Bradley
Gerard V. Bradley
No abstract provided.
Putting Watergate Behind Us: Salinas, Sun-Diamond, And Two Views Of The Anticorruption Model, George D. Brown
Putting Watergate Behind Us: Salinas, Sun-Diamond, And Two Views Of The Anticorruption Model, George D. Brown
George D. Brown
A central question in the ongoing debate over the future of the American political system is how to deal with public corruption. This Article first examines the dominant theme of the last thirty years: a relatively hard-line approach that Professor Brown refers to as the post-watergate concensus. In recent years, however, this approach has been subject to growing criminalization of government ethics; Professor Brown then turns to what can be viewed as the counterrevolutionary critique. Against this background, he considers the United States Supreme Court's contribution to the debate. Starting with the recent Sun-Diamond and Salinas cases, and drawing from …
Saturday Night With Elliot Richardson And Robert Bork: A Case Study In Exemplary Executive Branch Lawyering, Jason S. Harrow
Saturday Night With Elliot Richardson And Robert Bork: A Case Study In Exemplary Executive Branch Lawyering, Jason S. Harrow
Jason S Harrow
In the wake of both the “torture memos” written by the Bush Administration’s Office of Legal Counsel and the U.S. Attorney scandal that led to the resignation of Attorney General Alberto Gonzalez, a large literature appeared criticizing the performance of high-ranking Bush-era executive branch lawyers. But there is very literature highlighting incidents of good executive branch lawyering — especially under trying circumstances.
In this article, I try to buck this trend by examining the events surrounding the so-called “Saturday Night Massacre”: the extraordinary evening in October of 1973 when President Nixon ordered Attorney General Elliot Richardson to fire Watergate Special …
In The Name Of Watergate -- Returning Ferpa To Its Original Design, Meg Penrose
In The Name Of Watergate -- Returning Ferpa To Its Original Design, Meg Penrose
Meg Penrose
The attached article, entitled "In the Name of Watergate: Returning FERPA to its Original Design" details the Watergate effect on federal privacy legislation, particularly the Family Educational Rights and Privacy Act (FERPA). Senator James L. Buckley, a one-term Senator from New York, served as the architect for what remains the most important education privacy law in existence. However, Senator Buckley recently discussed the reasons that this law should be "clarified" and returned to its original design. I wholeheartedly agree. In the digital era, we must zealously protect privacy with effective legislation that guards both the collection and release of personal …
In The Name Of Watergate -- Returning Ferpa To Its Original Design, Mary Margaret Meg Penrose
In The Name Of Watergate -- Returning Ferpa To Its Original Design, Mary Margaret Meg Penrose
Meg Penrose
In The Name Of Watergate -- Returning Ferpa To Its Original Design, Meg Penrose
In The Name Of Watergate -- Returning Ferpa To Its Original Design, Meg Penrose
Meg Penrose
The attached article, entitled "In the Name of Watergate: Returning FERPA to its Original Design" details the Watergate effect on federal privacy legislation, particularly the Family Educational Rights and Privacy Act (FERPA). Senator James L. Buckley, a one-term Senator from New York, served as the architect for what remains the most important education privacy law in existence. However, Senator Buckley recently discussed the reasons that this law should be "clarified" and returned to its original design. I wholeheartedly agree. In the digital era, we must zealously protect privacy with effective legislation that guards both the collection and release of personal …
Executive Privilege: Rhyme Without Reason, Stephen W. Gard
Executive Privilege: Rhyme Without Reason, Stephen W. Gard
Stephen W. Gard
This Article will examine the validity of a presidential claim of executive privilege when exercised against a congressional inquiry by analyzing positions previously taken by proponents of executive privilege. First, the historical usage theory, often cited as a justification for the privilege, will be reevaluated, and it will be suggested that historical precedeht does not support the existence of such a theory. Second, the separation of powers justification will be undercut by close examination of the constitutional principles involved. Finally, attack will be waged on the various public policy arguments used to support the privilege.