Law Commons^™

The Rise And Permanence Of Quasi-Legislative Independent Commissions, Gabriel Gillett, Steven R. Ross, Raphael A. Prober

Gabriel Gillett

This article explores Congress’s recent trend of creating quasi-legislative independent commissions to augment its own investigations, and determines what factors may enhance the chance that a commission will prove successful. Although Congress has never been the lone forum for investigations, since 2001 the legislature has been empanelling entities of outside experts to investigate the most significant economic and national security issues. This Article begins with a history of governmental investigations in America, highlighting activity by Congress, independent agencies, and presidential commissions. Next, it describes the modern political, communications, and scheduling strains on Congress that have created an opportunity for new …

Remarks Of Lauren K. Robel President-Elect Association Of American Law Schools, Lauren K. Robel

Lauren Robel (2002 Acting; 2003-2011)

Remarks made at the Standards Review Committee Meeting Chicago, Illinois, November 2011.

Samantar And Executive Power, Peter B. Rutledge

Scholarly Works

This essay examines Samantar v. Yousuf in the context of broader debate about the relationship between federal common law and executive power. Samantar represents simply the latest effort by the Executive Branch to literally shape the meaning of law through a process referred to in the literature as “executive lawmaking.” While traditional accounts of executive lawmaking typically have treated the idea as a singular concept, Samantar demonstrates the need to bifurcate the concept into at least two different categories: acts of executive lawmaking decoupled from pending litigation and acts of executive lawmaking taken expressly in response to litigation. As Samantar …

What Were They Thinking: Competing Culpability Standards For Punishing Threats Made To The President, Craig M. Principe

Craig M Principe

This article revisits the Fourth Circuit‘s holding in United States v. Patillo, 431 F.2d 293 (4th Cir. 1970) (panel), reh’g granted, 438 F.2d 13 (1971) (en banc). Although that decision is almost forty years old, it still remains a source of contention and confusion in the law of threats. It is widely cited as creating a subjective ―present intent‖ requirement for 18 U.S.C. § 871(a) (threats against the president)—a standard that has only been recognized by the Fourth Circuit and stands in stark contrast to the objective Roy/Ragansky Test adopted by virtually all other circuits. Indeed, judges and commentators have …

Lyndon Johnson: A Psychological Character Study, Stephanie L. Vacchio

Honors Theses

This thesis centers on Lyndon Johnson and his character traits and how they are translated into his leadership abilities. The ways in which he handled issues as president, his personal relationships with others, and his own personality traits all define who Johnson was as a man. These aspects combined can be viewed as “character”, or the result of the environment someone has been exposed to for a prolonged period of time. In the case of Johnson, it is his childhood that has played the largest role in shaping his character and in turn his personality. My thesis explores the psychological …

Why Should A President Have To Be A Natural-Born Citizen, Alan E. Garfield

Alan E Garfield

No abstract provided.

S11rs Sgr No. 8 (Gender), Taylor, Hill, Voss, Lockwood, Kelly, Alexander, Wedig, Vaughn, Gist, Duckett, Bourg, Soileau, Hebert, Harding, Lemoine, Simon, Caffarel

Student Senate Enrolled Legislation

No abstract provided.

Employment Discrimination And Presidential Immunity Cases, Eileen Kaufman

Eileen Kaufman

No abstract provided.

Recognition: A Case Study On The Original Understanding Of Executive Power, Robert J. Reinstein

University of Richmond Law Review

No abstract provided.

Dean Lauren Robel Named President-Elect Of American Association Of Law Schools

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

Maurer Dean Chosen President-Elect Of National Law School Association

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

Can Congress Make A President Step Up A War?, Charles Tiefer

All Faculty Scholarship

May Congress use its appropriation power to direct the President to step up a war? When Congress uses its spending power for intensifying a war-stepping it up, pressing it more aggressively-against the resistance of a "less hawkish" Commander in Chief, who wins?

This Article posits differences of view in the 2010s toward the Afghanistan war as a way to revisit, generally, the history of constitutional disputes over war-related appropriation riders. Describing the differences in very simplistic terms, a "hawkish" opposition in Congress may gain political strength at any time, such as in 2010 or 2014, not necessarily because of the …

Choosing Justices: How Presidents Decide, Joel K. Goldstein

All Faculty Scholarship

Presidents play the critical role in determining who will serve as justices on the Supreme Court and their decisions inevitably influence constitutional doctrine and judicial behavior long after their terms have ended. Notwithstanding the impact of these selections, scholars have focused relatively little attention on how presidents decide who to nominate. This article contributes to the literature in the area by advancing three arguments. First, it adopts an intermediate course between the works which tend to treat the subject historically without identifying recurring patterns and those which try to reduce the process to empirical formulas which inevitably obscure considerations shaping …

Rational Treaties: Article Ii, Congressional-Executive Agreements, And International Bargaining, John C. Yoo

John C Yoo

This paper examines the continuing difference between the Constitution’s Article II treaty, and the congressional-executive agreement’s statutory process, to make international agreements. Rather than approach the problem from a textual or historical perspective, it employs a rational choice model of dispute resolution between nation-states in conditions of weak to little enforcement by supranational institutions. It argues that the choice of a treaty or congressional-executive agreement can make an important difference in overcoming various difficulties in bargaining that arise from imperfect information and commitment problems.