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Full-Text Articles in Law

The Inspector General On The Fbi In Fall 2016: How A Fateful Delay Set The Stage For The Ultimate October Surprise, Peter Margulies Jun 2018

The Inspector General On The Fbi In Fall 2016: How A Fateful Delay Set The Stage For The Ultimate October Surprise, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Containing Iran And Maintaining Legitimacy, Peter Margulies Jun 2017

Containing Iran And Maintaining Legitimacy, Peter Margulies

Law Faculty Scholarship

No abstract provided.


How The Constitution Become Christian, Jared Goldstein Jan 2017

How The Constitution Become Christian, Jared Goldstein

Law Faculty Scholarship

No abstract provided.


Fighting Over The Conservative Banner, Carl Bogus Jan 2016

Fighting Over The Conservative Banner, Carl Bogus

Law Faculty Scholarship

No abstract provided.


Juries, Judges, And The Politics Of Tort Reform, David Logan Apr 2015

Juries, Judges, And The Politics Of Tort Reform, David Logan

Law Faculty Scholarship

No abstract provided.


The American Liberty League And The Rise Of Constitutional Nationalism, Jared Goldstein Jan 2014

The American Liberty League And The Rise Of Constitutional Nationalism, Jared Goldstein

Law Faculty Scholarship

No abstract provided.


Can Popular Constitutionalism Survive The Tea Party Movement?, Jared Goldstein Jan 2011

Can Popular Constitutionalism Survive The Tea Party Movement?, Jared Goldstein

Law Faculty Scholarship

No abstract provided.


The Tea Party Movement And The Perils Of Popular Originalism, Jared A. Goldstein Jan 2011

The Tea Party Movement And The Perils Of Popular Originalism, Jared A. Goldstein

Law Faculty Scholarship

The Tea Party movement presents something of a curiosity for constitutional theory because it combines originalist ideology and popular constitutionalist methods. Like minotaurs, werewolves, and other half-man, half-animal hybrids of myth and legend, the Tea Party's hybrid of originalism and popular constitutionalism serves to expose the limitations of both sources upon which it draws. Although originalists assert that interpreting the Constitution according to its original meaning would take politics out of constitutional law, the Tea Party movement shows that originalism also provides a powerful political rhetoric. Moreover, while popular constitutionalists assert that democracy would be advanced by empowering the ...


The Tea Party's Constitution, Jared Goldstein Jan 2011

The Tea Party's Constitution, Jared Goldstein

Law Faculty Scholarship

No abstract provided.


Judging Myopia In Hindsight: Bivens Actions, National Security Decisions, And The Rule Of Law, Peter Margulies Nov 2010

Judging Myopia In Hindsight: Bivens Actions, National Security Decisions, And The Rule Of Law, Peter Margulies

Law Faculty Scholarship

Liability in national security matters hinges on curbing both official myopia and hindsight bias. The Framers knew that officials could be short-sighted, prioritizing expedience over abiding values. Judicial review emerged as an antidote to myopia of this kind. However, the Framers recognized that ubiquitous second-guessing of government decisions would also breed instability. Balancing these conflicting impulses has produced judicial oscillation between intervention and deference. Recent decisions on Bivens claims in the war on terror have defined extremes of deference or intervention. Cases like Ashcroft v. Iqbal and Arar v. Ashcroft display a categorical deference that rewards officials' myopia. On the ...


The Detainees' Dilemma: The Virtues And Vices Of Advocacy Strategies In The War On Terror, Peter Margulies Apr 2009

The Detainees' Dilemma: The Virtues And Vices Of Advocacy Strategies In The War On Terror, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Gun Control And America's Cities: Public Policy And Politics, Carl Bogus Jan 2008

Gun Control And America's Cities: Public Policy And Politics, Carl Bogus

Law Faculty Scholarship

No abstract provided.


Heller And Insurrectionism, Carl Bogus Jan 2008

Heller And Insurrectionism, Carl Bogus

Law Faculty Scholarship

No abstract provided.


True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies Jan 2008

True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies

Law Faculty Scholarship

Ideological agendas distort the deliberation required for sound legal advice about national security. Elite government lawyers after September 11 advanced a theory at the expense of context, labeling legal constraints as "lawfare" against American interests. The lawfare critics failed to recognize that legal constraints can empower decision makers by reinforcing reputational and other long-term values. They also failed their history test, ignoring the lessons of presidents from Jefferson to Kennedy who rejected a rigid adherence to ideology in the national security realm. By discounting context, the construction of the lawfare paradigm produced dire results, including the torture memos drafted by ...


When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy Legal Issues Surrounding Guantanamo Bay, Peter Margulies Feb 2007

When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy Legal Issues Surrounding Guantanamo Bay, Peter Margulies

Law Faculty Scholarship

No abstract provided.


When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy, Peter Margulies Jan 2007

When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Uncertain Arrivals: Immigration, Terror, And Democracy After September 11, Peter Margulies Jan 2002

Uncertain Arrivals: Immigration, Terror, And Democracy After September 11, Peter Margulies

Law Faculty Scholarship

No abstract provided.