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Evaluating Congressional Constitutional Interpretation: Some Criteria And Two Informal Case Studies, Mark V. Tushnet
Evaluating Congressional Constitutional Interpretation: Some Criteria And Two Informal Case Studies, Mark V. Tushnet
Georgetown Law Faculty Publications and Other Works
I begin this Essay by identifying some problems with conducting an empirical inquiry into Congress's performance in constitutional matters. I argue that there is actually only a small set of issues for which we have a reasonably clean record to evaluate. With the problems I have identified in the background, I then examine some aspects of Congress's performance in the impeachment of President William J. Clinton and, more briefly, some aspects of its response to a presidential military initiative taken without formal prior congressional endorsement. I conclude that Congress's performance in the impeachment, however flawed, was reasonably good, and that …
The Bakaly Debacle: The Role Of The Press In High-Profile Criminal Investigations, Julie R. O'Sullivan
The Bakaly Debacle: The Role Of The Press In High-Profile Criminal Investigations, Julie R. O'Sullivan
Georgetown Law Faculty Publications and Other Works
Others have examined why prosecutors or law enforcement agents may be inclined to "leak" information regarding ongoing criminal investigations, documented the rules that govern federal prosecutors' interaction with the press in such circumstances, outlined the difficulties encountered in enforcing those rules, and critiqued the performance of Mr. Starr's office in this regard. In other words, the dynamic as it flows from governmental actors to the press has been scrutinized. I would like to suggest that a more searching examination be conducted of the press's role, and perhaps its responsibilities, in this context. Because I am neither a journalist nor a …