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2013

President/Executive Department

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Articles 1 - 30 of 47

Full-Text Articles in Law

Export Controls: A Contemporary History, Bert Chapman Dec 2013

Export Controls: A Contemporary History, Bert Chapman

Libraries Faculty and Staff Presentations

Provides highlights of my recently published book Export Controls: A Contemporary History. Describes the roles played by multiple U.S. Government agencies and congressional oversight committees in this policymaking arena including the Commerce, Defense, State, and Treasury Departments. It also reviews the roles played by international government organizations such as the Missile Technology Control Regime, export oriented businesses, and research intensive universities.


Whose Secrets?, Josh Chafetz Dec 2013

Whose Secrets?, Josh Chafetz

Cornell Law Faculty Publications

No abstract provided.


Brief Of Political Scientists And Historians As Amici Curiae In Support Of Respondent, National Labor Relations Board, Petitioner V. Noel Canning, No. 12-1281, United States Supreme Court (Nov. 25, 2013), David F. Forte, Hadley P. Arkes, Joseph M. Bessette, Nelson Lund, Jeremy A. Rabkin, Ralph A. Rossum Nov 2013

Brief Of Political Scientists And Historians As Amici Curiae In Support Of Respondent, National Labor Relations Board, Petitioner V. Noel Canning, No. 12-1281, United States Supreme Court (Nov. 25, 2013), David F. Forte, Hadley P. Arkes, Joseph M. Bessette, Nelson Lund, Jeremy A. Rabkin, Ralph A. Rossum

Law Faculty Briefs and Court Documents

The Recess Appointments Clause does not permit the unilateral appointments to the NLRB made by the President in this case. Those appointments - made during a three-day “intra-session” break when the Senate was meeting pro forma - are unique in the history of the Republic. They are also the culmination of unnecessary and inappropriate Executive overreaching. This overreaching has undermined a valuable Senate prerogative in a manner unfathomable to the Founders and inconsistent with the design of the Constitution.

The primary purpose of this brief is to show that adhering to the original meaning of the Recess Appointments Clause has …


New York Times V. U.S.: Implications And Relevance In The 21st Century, Maria E. Lombardi Oct 2013

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 …


Agenda: Arizona V. California At 50: The Legacy And Future Of Governance, Reserved Rights, And Water Transfers, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Aug 2013

Agenda: Arizona V. California At 50: The Legacy And Future Of Governance, Reserved Rights, And Water Transfers, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Arizona v. California at 50: The Legacy and Future of Governance, Reserved Rights, and Water Transfers (Martz Summer Conference, August 15-16)

The Colorado River is an economic, environmental and cultural lifeline of the southwestern United States, and the allocation of its scarce waters are a source of ongoing controversy. This year marks the 50th anniversary of the Supreme Court decision in Arizona v. California. While the case was an important landmark in the still-evolving relationship between these two Lower Basin states, it remains most relevant today by the way in which it clarified federal rights and responsibilities. This is especially true in the areas of federal (including tribal) reserved rights, the role of the Interior Secretary in Lower Basin water …


Interpretation Catalysts And Executive Branch Legal Decisionmaking, Rebecca Ingber Jul 2013

Interpretation Catalysts And Executive Branch Legal Decisionmaking, Rebecca Ingber

Faculty Scholarship

Recent years have seen much speculation over executive branch legal interpretation and internal decisionmaking, particularly in matters of national security and international law. Debate persists over how and why the executive arrives at particular understandings of its legal constraints, the extent to which the positions taken by one presidential administration may bind the next, and, indeed, the extent to which the President is constrained by law at all. Current scholarship focuses on rational, political, and structural arguments to explain executive actions and legal positioning, but it has yet to take account of the diverse ways in which legal questions arise …


Army Corps Of Engineers, U.S., Bert Chapman May 2013

Army Corps Of Engineers, U.S., Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides an overview of how the U.S. Army Corps of Engineers has influenced historical and contemporary economic, environmental, and political developments in the American West.


Mining, Uranium, Bert Chapman May 2013

Mining, Uranium, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides an overview of uranium mining's role and influence in the American West with comparative information on uranium mining in foreign countries.


Colorado River Compact (1922), Bert Chapman May 2013

Colorado River Compact (1922), Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides an overview of the 1922 Colorado River Compact seeking to fairly distribute Colorado River water to Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming and their increasing populations.


Energy, U.S. Department Of, Bert Chapman May 2013

Energy, U.S. Department Of, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides information about the U.S. Department of Energy (DOE) and its predecessor agencies and how DOE influences federal energy policy and scientific research in the western U.S.


Federal Energy Regulatory Commission, U.S., Bert Chapman May 2013

Federal Energy Regulatory Commission, U.S., Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides a historical overview and contemporary analysis of the energy policymaking role played by the Energy Department's Federal Energy Regulatory Commission (FERC). FERC responsibilities include regulating the prices and interstate transmission of electricity, natural gas, and oil. Its responsibilities also include reviewing proposals to build and locate natural gas terminals, interstate natural gas pipelines, licensing hydropower projects, and regulating relevant mergers and securities acquisitions in these areas.


Hydroelectric Power, Bert Chapman May 2013

Hydroelectric Power, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides a historical overview and contemporary analysis of the advantages and disadvantages of federal government support for hydroelectric power in the American West.


Land Management, U.S. Bureau Of, Bert Chapman May 2013

Land Management, U.S. Bureau Of, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides a historical overview and current assessment of the role played by the Interior Department's Bureau of Land Management in its ownership of federal lands in western states and its efforts to balance economic development of natural resources and conservation of these resources on these lands.


Subsidies, Agricultural, Bert Chapman May 2013

Subsidies, Agricultural, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides historical and contemporary information on U.S. Government agricultural subsidies and how they affect agricultural policy in the Western U.S.


Oil Industry, Bert Chapman May 2013

Oil Industry, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides an overview of the historical and contemporary development of the American oil industry and how it has impacted U.S. natural resources policies in the American west.


The Powers Of Congress And The President On Matters That Affect U.S. Foreign Affairs, Malvina Halberstam Apr 2013

The Powers Of Congress And The President On Matters That Affect U.S. Foreign Affairs, Malvina Halberstam

Articles

No abstract provided.


Presidential Pardon In Singapore: A Comment On Yong Vui Kong V Ag, Shubhankar Dam Mar 2013

Presidential Pardon In Singapore: A Comment On Yong Vui Kong V Ag, Shubhankar Dam

Research Collection Yong Pung How School Of Law

This paper critically analyses the decision of the Singapore Court of Appeal in Yong Vui Kong v Attorney-General in relation to presidential pardon. Two questions were central to the case. First, is the President bound by the decision of the Cabinet in pardon-related matters? Secondly, are decisions regarding pardon—whether made by the Cabinet or President—subject to judicial review? In relation to the first question, the Court based its reasoning on Singapore's political system being a Westminster-inspired model and, therefore, that the President generally undertakes the same functions as the British monarch. However, this paper identifies the unique features of Singapore's …


Untrodden Ground: How Presidents Interpret The Constitution, Harold H. Bruff Feb 2013

Untrodden Ground: How Presidents Interpret The Constitution, Harold H. Bruff

Schmooze 'tickets'

No abstract provided.


Executive Power, The Rule Of Law And The First Obama Administration, Peter M. Shane Feb 2013

Executive Power, The Rule Of Law And The First Obama Administration, Peter M. Shane

Schmooze 'tickets'

No abstract provided.


Democratizing The Executive, Bernadette Meyler Feb 2013

Democratizing The Executive, Bernadette Meyler

Schmooze 'tickets'

No abstract provided.


Long Wars And The Constitution, Stephen M. Griffin Feb 2013

Long Wars And The Constitution, Stephen M. Griffin

Schmooze 'tickets'

No abstract provided.


The Law: Bush, Cheney, And The Separation Of Powers: A Lasting Legal Legacy?, Gordon Silverstein Feb 2013

The Law: Bush, Cheney, And The Separation Of Powers: A Lasting Legal Legacy?, Gordon Silverstein

Schmooze 'tickets'

No abstract provided.


The Myth Of The Free Trade President, Jide Nzelibe Feb 2013

The Myth Of The Free Trade President, Jide Nzelibe

Schmooze 'tickets'

No abstract provided.


The Dangerous Fantasy Of Lincoln: Framing Executive Power As Presidential Mastery, Julie Novkov Feb 2013

The Dangerous Fantasy Of Lincoln: Framing Executive Power As Presidential Mastery, Julie Novkov

Schmooze 'tickets'

No abstract provided.


Passive-Aggressive Executive Power, Corinna Barrett Lain Feb 2013

Passive-Aggressive Executive Power, Corinna Barrett Lain

Schmooze 'tickets'

No abstract provided.


The Emergency Powers Of The Judiciary, Or Necessity And German Constitutionalism, Jacqueline R. Hunsicker Feb 2013

The Emergency Powers Of The Judiciary, Or Necessity And German Constitutionalism, Jacqueline R. Hunsicker

Schmooze 'tickets'

No abstract provided.


Lincoln, The Emancipation Proclamation And Executive Power, Henry L. Chambers Jr. Feb 2013

Lincoln, The Emancipation Proclamation And Executive Power, Henry L. Chambers Jr.

Schmooze 'tickets'

No abstract provided.


The Commerce Clause And Executive Power: Exploring Nascent Individual Rights In National Federal Of Independent Business V. Sebelius (2012), Ronald Kahn Feb 2013

The Commerce Clause And Executive Power: Exploring Nascent Individual Rights In National Federal Of Independent Business V. Sebelius (2012), Ronald Kahn

Schmooze 'tickets'

No abstract provided.


Getting Our Minds Around Noel Canning V. Nlrb: An Exchange, Sanford Levinson, Jack Balkin Feb 2013

Getting Our Minds Around Noel Canning V. Nlrb: An Exchange, Sanford Levinson, Jack Balkin

Schmooze 'tickets'

No abstract provided.


The Imbecilic Executive, Saikrishna Prakash Feb 2013

The Imbecilic Executive, Saikrishna Prakash

Schmooze 'tickets'

No abstract provided.