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Full-Text Articles in Law

Youngstown, Hamdan, And "Inherent" Emergency Presidential Policymaking Powers, Gordon G. Young Jul 2007

Youngstown, Hamdan, And "Inherent" Emergency Presidential Policymaking Powers, Gordon G. Young

Faculty Scholarship

This brief article explores the contribution that Hamdan v Rumsfeld may have made to clarifying what should happen in the large interstices of the rules created by the Youngstown case for determining the validity of claims of Presidential power. It offers its own view of the scope of Presidential powers in extreme emergencies involving the incapacitation of the legislative branch.


Entrapment And Terrorism, Dru Stevenson Mar 2007

Entrapment And Terrorism, Dru Stevenson

Dru Stevenson

The thesis of this article is that the unique nature of terrorist crime requires a tweaking of the entrapment rules. The entrapment defense is our legal system’s primary mechanism for regulating government sting operations. I argue that sting operations and surveillance are conceptually distinct (or rival) methods of law enforcement, which compete for resource allocation. If an enforcement agency favors one method, it shifts resources away from the other. To the extent that we dislike panoptic government surveillance, we can steer enforcement agencies away from it by encouraging targeted stings; and we can achieve this, in part, by adapting the …