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Articles 1 - 19 of 19
Full-Text Articles in Law
The Racist Roots Of The War On Drugs & The Myth Of Equal Protection For People Of Color, Steven A. Ramirez, Andre Douglas Pond Cummings
The Racist Roots Of The War On Drugs & The Myth Of Equal Protection For People Of Color, Steven A. Ramirez, Andre Douglas Pond Cummings
Faculty Publications & Other Works
By 2021, the costs and pain arising from the propagation of the American racial hierarchy reached such heights that calls for anti-racism and criminal justice reform dramatically expanded. The brutal murder of George Floyd by the Minneapolis police vividly proved that the social construction of race in America directly conflicted with supposed American values of equal protection under law and notions of basic justice. The racially-driven War on Drugs (WOD) fuels much of the dissonance between American legal mythology—such as the non-discrimination principle and the impartial administration of the rule of law—and the reality of race in the United States. …
New York Times V. U.S.: Implications And Relevance In The 21st Century, Maria E. Lombardi
New York Times V. U.S.: Implications And Relevance In The 21st Century, Maria E. Lombardi
Student Publications
In 1971, the New York Times released the first installment in a series later referred to as the Pentagon Papers that would eventually have significant political, social, and historical impacts that are felt even in the 21st Century. Following the first release, President Nixon’s administration sought an injunction against the publication of the remaining contents of the classified study, ultimately becoming an extensive legal process that culminated in the Supreme Court. In a per curiam opinion, the Court ruled that in accordance with Organization for a Better Austin v. Keefe and Near v. Minnesota that the federal government did not …
The Law And Order Theme In Political And Popular Culture, Allen K. Rostron
The Law And Order Theme In Political And Popular Culture, Allen K. Rostron
Faculty Works
"Law and Order" became a political rallying cry in the 1960s, as conservative candidates like Barry Goldwater, George Wallace, and Richard Nixon criticized courts for putting the constitutional rights of criminals ahead of the need for effective police work and public safety. As the nation’s president after his victory in the 1968 presidential race, Nixon continued to emphasize the law and order theme. Meanwhile, a series of Westerns and cop movies, such as John Wayne’s "True Grit" and Clint Eastwood’s "Dirty Harry," began to echo Nixon’s claims about criminals, courts, and law. Concerns about crime and the impotency of the …
Impeachment And Assassination, Josh Chafetz
Impeachment And Assassination, Josh Chafetz
Cornell Law Faculty Publications
In 1998, the conservative provocateur Ann Coulter made waves when she wrote that President Clinton should be either impeached or assassinated. Coulter was roundly - and rightly - condemned for suggesting that the murder of the President might be justified, but her conceptual linking of presidential impeachment and assassination was not entirely unfounded. Indeed, Benjamin Franklin had made the same linkage over two hundred years earlier, when he noted at the Constitutional Convention that, historically, the removal of “obnoxious” chief executives had been accomplished by assassination. Franklin suggested that a proceduralized mechanism for removal - impeachment - would be preferable. …
The Trials Of Alger Hiss: A Commentary, Douglas O. Linder
The Trials Of Alger Hiss: A Commentary, Douglas O. Linder
Faculty Works
No criminal case had a more far-reaching effects on modern American politics than the Alger Hiss-Whittaker Chambers spy case which held Americans spellbound in the middle of the twentieth-century. The case catapulted an obscure California congressman named Richard Nixon to national fame, set the stage for Senator Joseph McCarthy's notorious Communist-hunting, and marked the beginning of a conservative intellectual and political movement that would one day put Ronald Reagan in the White House. Even without its important influence on American political debate, the trials of Alger Hiss for perjury have the makings of a great drama. They featured two men …
The Legacy Of The Bush Ii Administration In Natural Resources: A Work In Progress, David H. Getches
The Legacy Of The Bush Ii Administration In Natural Resources: A Work In Progress, David H. Getches
Publications
No abstract provided.
Enron, Watergate And The Regulation Of The Legal Profession, Arnold Rochvarg
Enron, Watergate And The Regulation Of The Legal Profession, Arnold Rochvarg
All Faculty Scholarship
The most famous scandal of the twentieth century was the Watergate scandal, which most notably led to the resignation of Richard Nixon as President of the United States. The significance of Watergate, however, extends further than the resignation of Nixon. Because Watergate involved so many lawyers, it had a great impact on the regulation of the legal profession. Although the twenty-first century has just started, the strongest contender for this century's most famous scandal is the Enron scandal. Although the Enron scandal is identified mostly with misconduct by accountants and corporate officials, it too involved lawyers and has impacted on …
Peepshow, Kenneth Anderson
Peepshow, Kenneth Anderson
Book Reviews
Book Review of Bob Woodward, "Shadow: Five Presidents and the Legacy of Watergate"In the months after the impeachment of William Jefferson Clinton, the race was on, publish or perish, to make some sense of the events of the last year. Notwithstanding that Bob Woodward is the dean of inside-Beltway reporting, the journalist who had defined coverage of presidential implosions, from Richard Nixon onward he faced stiff competition from a wide range of Clintonia writers, both journalists and former aides, including Michael Isikoff, George Stephanopoulos and Christopher Hitchens. Woodward's entry, "Shadow," attempts to cut loose from the crowd by being about …
Executive Privilege Since United States V. Nixon: Issues Of Motivation And Accommodation, Dawn E. Johnsen
Executive Privilege Since United States V. Nixon: Issues Of Motivation And Accommodation, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
1969: The Birth Of Tax Reform, Mark W. Cochran
1969: The Birth Of Tax Reform, Mark W. Cochran
Faculty Articles
This narrative poem framed from Robert Penn Warren’s epic poem, “Brother to Dragons,” transforms Warren’s poem into a satirical take on tax reform covering the origins, implementation, effectiveness, and future of American tax reform legislation. The poem begins by highlighting economic, political, social, and pop culture events from the American 1960s. The author discusses the emergence of and reasons for tax reform detailing the policy behind reform along with the positive and negative aspects of the original Tax Reform Act of 1969. The first reform attempted to curtail tax shelters by limiting risk write-offs, but exceptions in the reformation allowed …
Legal Ethics After Babel, Thomas L. Shaffer
Legal Ethics After Babel, Thomas L. Shaffer
Journal Articles
Legal ethics owes as much to Richard M. Nixon as it does to philosophy. The rebirth of legal ethics in the last decade is one of many consequences, although possibly the most obscure, of the burglary at the Watergate Hotel in 1972. The criminal politics that destroyed Mr. Nixon's presidency summoned American lawyers to a serious, systematic examination of the morals of their craft.
Unimpoundment: Politics And The Courts In The Release Of Impounded Funds, Jon L. Mills, William G. Munselle
Unimpoundment: Politics And The Courts In The Release Of Impounded Funds, Jon L. Mills, William G. Munselle
UF Law Faculty Publications
During the administration of President Nixon, the impoundment of funds appropriated by the Congress became not merely a means of executive economy but a tool of presidential politics. Non-judicial methods of unimpoundment lost their efficacy, and the courts became involved in the conflict between the President and the Congress in resolving the question of whether impoundment was either constitutionally or legislatively proscribed. Mr. Mills and Professor Munselle examine the process of unimpoundment both as a political phenomenon and as a legal issue. They survey the extra-judicial means of unimpoundment and then consider the resolution of that issue in the courts, …
Pardoning Power Of Article Ii Of The Constitution (Continued), The , John D. Feerick
Pardoning Power Of Article Ii Of The Constitution (Continued), The , John D. Feerick
Faculty Scholarship
Following President Gerald Ford's unconditional pardon of former President Richard Nixon on September 8, 1974, claims were made that the pardon was invalid because it came before indictment and conviction. Special Prosecutor Leon Jaworski was urged to test its validity in court. Indeed, one federal judge expressed in open court the view that the public interest required the pardon's validity to be tested. The Special Prosecutor's decision not to proceed appears well founded when a review is made of the history of the President's pardoning power.
Pardoning Power Of Article Ii Of The Constitution, The , John D. Feerick
Pardoning Power Of Article Ii Of The Constitution, The , John D. Feerick
Faculty Scholarship
Following President Gerald Ford's unconditional pardon of former President Richard Nixon on September 8, 1974, claims were made that the pardon was invalid because it came before indictment and conviction. Special Prosecutor Leon Jaworski was urged to test its validity in court. Indeed, one federal judge expressed in open court the view that the public interest required the pardon's validity to be tested. The Special Prosecutor's decision not to proceed appears well founded when a review is made of the history of the President's pardoning power.
The Third Impeachment Article: Congressional Bootstrapping, William W. Van Alstyne
The Third Impeachment Article: Congressional Bootstrapping, William W. Van Alstyne
Popular Media
No abstract provided.
A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne
A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne
Faculty Scholarship
This comparison of United States v. Nixon and the Pentagon Papers case finds the greatest similarity and significance shared by the two cases was the anti-climactic nature of their conclusions. While both cases concerned constitutional questions of the highest order, centered around the scope of the executive power, both cases were drawn on such narrow grounds that there was hardly any effect on constitutional law doctrine.
A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne
A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne
Faculty Publications
No abstract provided.
President Nixon: Toughing It Out With The Law, William W. Van Alstyne
President Nixon: Toughing It Out With The Law, William W. Van Alstyne
Popular Media
No abstract provided.
President Nixon: Toughing It Out With The Law, William W. Van Alstyne
President Nixon: Toughing It Out With The Law, William W. Van Alstyne
Faculty Scholarship
This paper examines President Nixon's handling of the Watergate scandal, arguing that Nixon's stance of "toughing it out with the law" was a common ploy used during his administration to extend the breadth of the issue in question. This expansion deflected attention away from the issue of the Constitutional limits on a president's power and was used to justify a broad spectrum of powers Nixon exercised during his presidency.