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Full-Text Articles in Law

The Fragility Of The Free American Press, Ronnell Andersen Jones, Sonja R. West Dec 2017

The Fragility Of The Free American Press, Ronnell Andersen Jones, Sonja R. West

Northwestern University Law Review

President Donald Trump has faced criticism for attacking the press and for abandoning longstanding traditions of accommodating and respecting it. This Essay argues that the national discussion spurred by Trump’s treatment of the press has fallen short of capturing the true seriousness of the situation. Trump’s assault on the custom of press accommodation follows a generation-long collapse of other major press protections. In order to fully understand the critical juncture at which American press freedom now stands, we must expand the discussion beyond talk of a rogue president’s aberrant attacks on the press and consider the increasingly fragile edifice on …


The Ninth Circuit’S Refugee Eo Decision: Methodically Misreading The Immigration Statute, Peter Margulies Jun 2017

The Ninth Circuit’S Refugee Eo Decision: Methodically Misreading The Immigration Statute, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Should The President’S Words Matter In Court?, Katherine A. Shaw May 2017

Should The President’S Words Matter In Court?, Katherine A. Shaw

Online Publications

The most striking aspect of last Thursday’s opinion by the United States Court of Appeals for the Fourth Circuit, which rejected the Trump administration’s latest effort to revive its travel ban for individuals from six predominantly Muslim countries, was its reliance on Donald Trump’s own words as candidate, president-elect and president. The court leaned particularly heavily on his now-famous campaign statement that he was “calling for a total and complete shutdown of Muslims entering the United States.”


The Fourth Circuit And The Refugee Eo: Establishing Confusion, Peter Margulies May 2017

The Fourth Circuit And The Refugee Eo: Establishing Confusion, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Ninth Circuit And The Refugee Eo: Back To The Statute?, Peter Margulies May 2017

The Ninth Circuit And The Refugee Eo: Back To The Statute?, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Fourth Circuit Argument On The Refugee Eo: Second-Guessing The President Or Safeguarding Individual Rights?, Peter Margulies May 2017

The Fourth Circuit Argument On The Refugee Eo: Second-Guessing The President Or Safeguarding Individual Rights?, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Enjoining The Revised Refugee Eo: The Hawaii District Court “Waters Down” The Separation Of Powers, Peter Margulies Mar 2017

Enjoining The Revised Refugee Eo: The Hawaii District Court “Waters Down” The Separation Of Powers, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Upholding The Revised Refugee Executive Order: A Virginia District Court Clari􀂽Es The Establishment Clause Issues, Peter Margulies Mar 2017

Upholding The Revised Refugee Executive Order: A Virginia District Court Clari􀂽Es The Establishment Clause Issues, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Ninth Circuit On The Refugee Eo: The Government’S Least Bad Option, Peter Margulies Feb 2017

The Ninth Circuit On The Refugee Eo: The Government’S Least Bad Option, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Despite Trump, Federal ‘Tort Reform’ Makes A Hasty Retreat, Joanne Doroshow Jan 2017

Despite Trump, Federal ‘Tort Reform’ Makes A Hasty Retreat, Joanne Doroshow

Other Publications

No abstract provided.


Pentagon’S Discretion In Trump Trans Military Directive, Arthur S. Leonard Jan 2017

Pentagon’S Discretion In Trump Trans Military Directive, Arthur S. Leonard

Other Publications

No abstract provided.